If the court believes it is not in the best interests of a child to relocate, the court can refuse to modify
the existing child custody agreement.
If the relocation issue occurs after the divorce is finalized, the party wishing to move out of state must file a motion to modify
the existing child custody agreement.
Instead, parents who are unhappy with
an existing child custody agreement must create a modified order and submit it to the court for approval.
Not exact matches
In addition, if the relocation is allowed, modification of
existing child custody and visitation
agreements will prove necessary.
This section shall apply to relocation of the principal residence of a
child if the
existing custody order or other enforceable
agreement between the parties does not expressly govern the relocation issue.
Whatever the reason, if it is valid, Massachusetts family courts can revisit an
existing agreement — whether it's for a modification of your
child support, visitation and even
custody on the rare occasion.
The areas that our firm specializes in relating to
child custody are: visitation
agreements,
custody arrangements,
child support orders, enforcement of
child support orders that have not been paid,
child support order / defense, modification of
existing support or
custody orders, and paternity testing.
Your right to move will depend on your
existing custody agreement and whether the
children will be moving with you.
Our full service divorce and family law practice includes divorce, legal separation, low to high conflict
custody and parenting time disputes, establishment and modification of
child support and spousal support, family law appeals, prenuptial
agreements, enforcement of
existing agreements, restraining orders and step parent adoptions.
A verbal or written
agreement (that wasn't entered with the courts) sometimes
exists and makes for perfectly fine arrangement for
child custody, without going to court.