Should you request a custody modification if you are moving?

On Behalf of | Nov 14, 2019 | Uncategorized

As you are preparing to get divorced in Massachusetts, one of the more time-consuming negotiations you may need to arrange is the care of your children. Determining the course that is best for them to allow them to continue to have access to the environment they have been used to living in, may require flexibility and sacrifice on your part and that of your spouse.

Once you are able to agree upon a custody arrangement that benefits your children and is considerate of your and your spouse’s availability and resources, you may wish to include a clause that allows you to modify your agreement in the future. Some of the reasons you may wish to change your original custody arrangement in the future include if you find a new job that requires you to work or travel more often, your child grows and certain aspects of the agreement are no longer applicable or if you have to move and maintaining the current agreement is not doable.

Relocating further from your soon-to-be-ex is one reason to request a custody modification, especially if logistically you are unable to maintain the current visitation schedule. According to, the courts will generally not agree to change it solely on a request from you. Some of the factors they may weigh include your motivation for moving, whether or not maintaining the current agreement is still functional, how the child will be impacted by the move and if you and your spouse have been able to reach a new agreement on your own.

The information in this article is intended for educational purposes only and should not be taken as legal advice.