Moving Children Out of Massachusetts After Divorce

Massachusetts has a statute that prohibits parents from permanently moving their children out of the Commonwealth after divorce except with permission of the other parent or the Court; this is called “removal” in the Court system. Often, the legal process includes the appointment of a Guardian ad Litem to evaluate and make recommendations to the judge about whether a child (or children) should be permitted to move. Factors considered include not only the child’s wellbeing and relationship with both parents but also whether, and how, moving would be advantageous to the moving parent.