The most difficult cases are those in which one parent wishes to leave the state with the child. Such matters are heartbreaking as one parent will either be left behind, while their child moves, or the parent requesting the move will be told that they cannot go. These types of cases create a high level of tension and disagreement between the parents. The Probate and Family Court will weigh a number of factors when deciding whether or not to grant a parent’s move-away request. It is important that you retain an attorney who is experienced in handling such issues. Our Boston child relocation lawyers have over twenty-five years of combined legal experience and we are ready to assist you. Contact our office today to schedule an initial consultation. We also service Salem, Dedham, Worcester, Cambridge, and other Massachusetts areas.
Boston child custody lawyers handling cases where parents wish to move outside of Massachusetts
Massachusetts often requires parents to share custody of their children. This is done out of a belief that a child should have both of his or her parents in their lives. When one parent is moving outside of the state, however, joint custody becomes impractical for obvious reasons. When a parent is requesting permission to move away then they must show that the relocation will serve the best interests of the child. When determining what is in a child’s best interests the Court will look to the reasons for which the requesting parent wishes to move, whether an adequate visitation schedule can be devised, whether the move is simply an effort to block the other parent’s visitation, and whether the request is being made in good faith. In some circumstances, the Court will also consider whether the move would be a “real advantage” to the moving parent and child. If the request for relocation is granted then the Court will also issue new orders regarding visitation and child support.
The first step in a relocation case is for the requesting parent to file a Complaint or a Motion with the Court. This is a document in which the requesting party will state the place they want to move to and why their request should be granted. A hearing will be held shortly after the Complaint or Motion is filed. The Court may grant the parent permission to relocate, on a temporary basis, while ordering that a trial be held at a later date. The trial would determine whether the move should be made permanent. The Court may also deny the request, initially, while still setting a trial. If a trial date is set then each side will use the discovery process to gain evidence which supports their case. Such evidence may include reports showing whether the proposed new location has adequate schools, crime statistics for the proposed area, whether it makes financial sense for the requesting parent to move, and whether the relocation is even necessary. A trial will be held and the Judge will issue a decision shortly after all of the evidence has been presented. Relocation cases often involve complicated factual issues and nuanced legal arguments. It is important to retain an attorney to assist you.
Our Boston child custody lawyers handle cases in which one parent wishes to move away from the state. We will use your initial consultation to help you understand the strength of your request to relocate or your opposition to such a request. We will quickly file any necessary Motions and, if the matter is urgent, we will request that the Court hold an expedited hearing. We will analyze the reason for the request and then use discovery process to gather evidence related to that reason; if the parent is moving for work then it is possible to obtain his or her employment files and job search history. If the move is for other reasons then we will fully investigate all relevant facts. Our firm will make sure that you are prepared for trial and that you know what to expect as the case moves forward. We understand that nothing is more important than one’s children. We will give your case the attention it deserves.
Lawyers providing a high level of service to Boston parents facing the relocation of a child
If you are dealing with the potential relocation of a child then you are already concerned. You do not need the added aggravation of an attorney who provides low quality service. Edward Swan and Sohail Nassiri have over twenty-five years of combined legal experience. They provide clients with their cell phone numbers, they promptly reply to messages, and they ensure that your questions are answered. We are honored to serve our community and we are ready to assist you.
In addition to Boston, we also assist Massachusetts residents in the Middlesex County cities of Cambridge, Lowell, Somerville, and Newton, as well as those in the cities of Salem, Dedham, Worcester, Brockton, Quincy, and Lynn.