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In Massachusetts How Do You Move Outside of the State if you are Divorced?

  • Posted by Alexander Nesson
  • On March 30, 2020

Generally, you need to get permission to leave the state with your child if you are divorced and you either need to get permission from the other parent and/or a judge before you move away from Massachusetts. 

If you are still married to the other parent and you are not divorced, have not filed a divorce action, and the spouses share physical and legal custody of the child; which means that it is lawful to move the child from the state but it is strongly recommend that you speak to an attorney before removing the child on your own without an agreement of the other party or filing something in court because a judge might not take kindly on you making a unilateral decision when both parents have similar rights.

If you never married to the other parent, even if you have custody of the child you might still be well advised to seek the parent’s agreement or permission from a judge if there is no agreement. However, it should be looked at carefully to see whether there is a need to get permission. The children who are born to parents who are not married to each other, shall still be entitled to the rights and protection of laws but there is some reason why you may not need permission.

If you are a victim of domestic violence, some exceptions in order to remove the child from Massachusetts if it is essential to the child’s being safe.  Again, it would well advise to speak to an attorney on any of these questions.