Can I Move Out Of State With My Child? Understanding Massachusetts Removal Laws.
Last updated on February 18, 2026
Moving out of state is nearly always a major undertaking – a project requiring advance planning, careful evaluation of the pros and cons, and consideration of the upheaval it may cause to anyone who is moving with you. If you are a divorced parent and considering an interstate move with your child, you have additional legal responsibilities to demonstrate the move will benefit your child as well as yourself. And if you are a parent who’s just received an unexpected message from your ex that they intend to move out of state with your child – you do have options to challenge this change.
The Boston parental relocation lawyers at the Law Offices of Andrew S. Guisbond represent families impacted by geographic moves after a divorce. Our founder, Andrew S. Guisbond, has experience with numerous relocation cases and can provide advice based on your specific situation.
Prior Approval Is The Cornerstone In Relocation And Removal Requests
To sum up Massachusetts statutes and case law regarding this topic: it is NEVER better to “seek forgiveness” when moving out of state with child custody issues. M.G.L. c. 208, § 30 clearly states that to move outside the commonwealth with a child, you must have approval of the other parent or the court. Attempting to “move first and deal with it later” can have disastrous consequences for your parental rights.
Gaining the other parent’s approval opens the way to filing a joint petition to change your divorce orders or judgement. If you have a nonadversarial relationship with them, it may also make negotiation or mediation of a solution that works for the entire family possible.
If you have sole physical custody of your child, the standard set by the decision from Yannas v. Frondistou-Yannas, 395 Mass. 704 (1985), requires that you demonstrate to the court that your proposed move would provide you with a “real advantage.” That is, your move would offer you and your child improvement in economic, social and emotional circumstances. If you share custody, the court will look at your “real advantage” reasoning, but the case of Mason v. Coleman, 477 Mass. 177 (2006) reinforced the idea that the child’s “best interests” is the guiding principle for joint custody cases. If the noncustodial parent is actively involved in your child’s life, you’ll have to show how your move will not disrupt this relationship.
A Guide To The Removal Process
Understanding how the law applies to your situation is the first step to making or addressing a request to remove a child from the commonwealth. Here is an overview of how the process typically works.
- If your divorce proceedings are concluded and a judgement or orders have been entered, you will need to file a complaint with the court to amend your orders to allow you to move out of state with your child.
- If your ex has agreed to this change, you may file a joint complaint with them.
- If you receive a complaint from your ex indicating they want to move out of state with your child, you have the right to file a counterclaim or counter-complaint to keep your child in Massachusetts.
- If your need or desire to move is urgent, you may ask for an expedited hearing. However, your ex will still have an opportunity to present their side of the case.
- If you have no formal custody agreement in place, the judge will evaluate your situation and determine which standard (sole custody or joint custody) applies.
Above all, if you are the parent making the relocation request, you will need to draft an affidavit (a sworn statement) that expresses your reasons for making the request. The court needs to see you are not planning your move to block your ex from exercising their custody or visitation rights.
Trust Your Relocation/Removal Case To Our Attorneys
Our Massachusetts custody lawyers have argued for numerous clients both for and against relocations/removals, so they understand the nuances of how the system works in various jurisdictions. Attorney Andrew S. Guisbond has represented clients in removal cases that involve international relocations, so he is familiar with how to successfully frame the “real advantage” and “best interests” arguments in those settings.
Beyond our legal team’s experience with cases of removal of a child from Massachusetts, our attorneys pride themselves on welcoming 24/7 contact with clients and have reputations as ethical and skilled advocates in courtrooms throughout the commonwealth. Our overarching goal is to move you through family law challenges with as little stress as possible.
Call Today For An Initial Case Consultation
Do not pack your bags – or let your ex pack theirs – without legal advice. Call us immediately at 617-380-7643 to schedule your consultation with a Boston parental relocation attorney. Our firm’s attorneys work with clients from across the Greater Boston area.