Divorce is never an easy process, especially when it involves children.
One of the most complex issues that may arise is when one parent wants to move out of the country with the child. This article will explore whether it is possible to do so after a Massachusetts divorce and what factors the court considers.
The legal standard for relocation
When a parent wishes to move out of the country with a child after a divorce, they must seek permission from the court. The court will determine whether the move is in the child’s best interest. The parent must show that the move will benefit the child and that it is not just a ploy to interfere with the other parent’s visitation rights. The court will also consider other factors, such as the child’s age, the relationship with the other parent and the child’s ties to the community.
Factors the court considers
When making a decision about a parent’s request to move out of the country with their child after a Massachusetts divorce, the court will consider several factors, including:
- The reason for the move: If the parent is moving to pursue a job opportunity or to be closer to family, the court may be more likely to grant permission.
- The impact on the child: The court will consider the child’s relationships with both parents, their educational opportunities and any medical needs they may have.
- The relationship between the parents: If the relationship between the parents is contentious, the court may be less likely to allow the move.
- The logistics of visitation: If the parent left behind will have difficulty visiting the child in the new country, the court may consider this a negative factor.
It is essential to note that the court will not automatically grant permission for a parent to move out of the country with their child. The parent must show that the move is in the child’s best interest and not just for the parent’s benefit.
Moving out of the country with a child after a divorce is a complex issue that requires careful consideration. If you are considering moving out of the country with your child after a divorce, it is essential to learn Massachusetts law to understand your options.
