If there is not a current court order you in most cases be prudent to either get permission from the other parent or the court before you move to another state or leave the country with your child. You personally do not need to get permission for you to move out of the state, but it is the child that you need to get permission from. If the other parent does not object to the child moving, you do not necessarily need to get permission from the court. However, it would be strongly advised to consider a court order even with a stipulation and it certainly would be a recommendation to modify an existing court order. In Massachusetts it is called “Removal” it is usually a removal on a modification. It is important to speak to an attorney before taking any steps about moving out of state with your child.

The case law applies to both divorce parties but also to non-married parties. It is important to look at the case law along with the statutory law. If you are asked to leave the state, you want to file a court action. You would want to file in that case, you would ask to grant the Plaintiff which is the moving party permission to permanently remove the minor child from the Commonwealth of Massachusetts and saying and moving to what state you are asking for.

If there is already an ongoing case that is going on and you decide that you want to move out of state, you must file something called a “Motion to Amend your Complaint” and with that you would ask to remove the child again permanently from the state and you would need to do a Motion to Amend your Complaint.

If you are the Defendant, you can file the Request for the Removal in a Counterclaim. If the case has already been decided and there is not an active case, you would need to file a “Complaint to Modify” the Final Judgment in the Complaint to Remove the minor child from the Commonwealth of Massachusetts.