Pittsfield, MA asked in Child Custody and Family Law for Massachusetts

Q: If I have full custody of my child but she visits her mom on the weekends do I need her permission to move out of state

My child is 12 now I've had custody since 2014 mom lost custody for not complying with dcf. I would like to move out of state and change her visitations to the summers every other holiday and school vacation is this possible?

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1 Lawyer Answer
Kim Carnevale
Kim Carnevale
  • Divorce Lawyer
  • Salem, MA
  • Licensed in Massachusetts

A: Even though you have custody as a result of a DCF case, you would still need to get the permission of the Probate and Family court before you could move out of state with your child if MA removal laws apply. MA law requires you to get permission-

IF your child was born in MA or has lived in MA for more than 5 years, if your child is not old enough to consent, and if you and your child’s Mother have a MA case for divorce, paternity and/or support- and may apply even if you have an old case. (for Pittsfield MA that is the Berkshire Probate and Family court). You will need to demonstrate to the court that you have a good reason for moving and that the move is in your child’s best interest. The court will consider a number of things such as whether the move would improve not only your life but your child’s quality of life, how the reduction in your child’s time with Mother would impact your child, and how the move would affect your child’s overall well-being. Filing the necessary paperwork in court and getting the court’s permission to move is a process, so you should factor the court’s timeline into your moving plans.

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