CUSTODY CASES (PARENTS NOT MARRIED)

Can I Move to Another State with My Child?

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Relocation with a child after divorce or separation can be one of the most complicated issues in family law. Parents may wonder:

  • Can I move to another state with my child?

  • Do I need to stay within a certain distance of the other parent?

  • Can I take my child abroad for a family vacation without permission?

In Massachusetts, the answers depend on custody arrangements, parental consent, and state law — particularly Massachusetts General Laws Chapter 208, Section 30, often called the removal statute.

This blog will walk through the basics of Massachusetts relocation law, what courts consider when deciding these cases, and where to find official resources for further information. This is general educational information only and not legal advice.

Massachusetts’ Removal Law (M.G.L. c. 208, § 30)

Massachusetts has a specific law governing whether a parent can move a child out of the Commonwealth. The statute applies when:

  • The child was born in Massachusetts or has lived in Massachusetts for at least five years, AND

  • There is a custody or visitation order in place (or a custody case is pending).

Under this law, a minor child cannot be permanently removed from Massachusetts without consent. That means:

  • If the child is old enough to give meaningful consent, the child’s agreement is required.

  • If not, the noncustodial parent must agree to the move.

  • If there is no agreement, the parent who wishes to move must obtain a court order.

📖 Source: Massachusetts General Laws, Chapter 208, Section 30 – Removal of Children (Massachusetts Legislature)

What Does “Removal” Mean?

The law is primarily about permanently changing the child’s residence to another state. It does not typically cover short trips, vacations, or temporary travel. But courts may become involved if there is concern that a trip abroad or out of state could lead to permanent relocation.

Moving to Another State with Your Child

If you share custody or if the other parent has visitation rights, you generally cannot relocate your child to another state without either:

  1. The other parent’s written consent, or

  2. Permission from the Probate and Family Court.

When asked to approve a relocation, the court applies one of two legal standards:

  • The “real advantage” test (if one parent has primary physical custody): The moving parent must show the relocation provides a genuine benefit — such as better job opportunities, family support, or improved living conditions — and that it aligns with the child’s best interests.

  • The “best interests of the child” test (if custody is shared or nearly equal): The court focuses on how the move would affect the child’s stability, schooling, and relationship with both parents.

📖 Source: Massachusetts Law About Child Custody and Parenting Time (Mass.gov)

Do I Need to Stay a Certain Distance from the Other Parent?

Massachusetts law does not set a specific mileage limit (for example, “you must stay within 50 miles”). Instead, the court looks at the practical effect of the move:

  • Will it make visitation difficult?

  • Will it disrupt the child’s schooling or community ties?

  • Can a new visitation schedule realistically be arranged?

Even a move within Massachusetts (but far from the other parent) may be challenged if it significantly interferes with custody or parenting time.

Moving Without the Child

A parent is generally free to relocate on their own without needing court permission, so long as the child remains in Massachusetts with the other parent (or according to the existing custody arrangement).

However, such a move may require modifications to custody or visitation orders to account for the parent’s new circumstances.

Taking a Child Abroad for Vacation

Parents often wonder: Do I need the other parent’s permission to take my child on vacation outside the U.S.?

  • If both parents share custody or if there’s a court order requiring notice, it’s best — and often required — to get written permission from the other parent.

  • Some custody orders specifically require written consent before traveling outside the United States.

  • To obtain a child passport, the U.S. State Department requires consent from both parents for children under age 16, unless one parent has sole legal custody.

📖 Sources:

While short vacations are not the same as permanent relocation, disagreements can arise if one parent fears the child won’t be returned. In those cases, courts may intervene.

What If I Move Without Permission?

If a parent moves a child out of Massachusetts without the required consent or court order:

  • The other parent can file a complaint for contempt or seek an emergency order requiring the child’s return.

  • The court may also consider whether to modify custody due to violation of the removal law.

  • Unauthorized removal can have serious legal consequences.

📖 Source: Massachusetts General Laws, c. 208, § 30 (malegislature.gov)

What the Court Considers in Relocation Cases

Massachusetts courts weigh many factors before approving a move, including:

  1. Impact on the child’s relationship with the non-moving parent.

  2. Educational opportunities in the new location.

  3. Support systems (extended family, healthcare, stability).

  4. Reasons for the move (employment, remarriage, financial stability).

  5. Feasibility of visitation after the move.

  6. Emotional well-being of the child.

  7. Age and preference of the child, if mature enough.

Key Takeaways

  • In Massachusetts, you cannot move your child out of state permanently without the other parent’s consent or a court order.

  • The court applies either the real advantage or best interests test, depending on the custody arrangement.

  • There is no fixed mileage restriction, but long moves (even within the state) may require court involvement if they disrupt visitation.

  • For international vacations, written consent from the other parent is generally required, and both parents must usually consent to obtain a child’s passport.

  • Moving without permission can result in legal consequences, including modification of custody.

Official Resources

For parents navigating this issue, consult these official sources:

Relocation with children in Massachusetts is highly regulated and always subject to the child’s best interests. While parents may have legitimate reasons for moving, the law requires careful consideration of both parents’ rights and the child’s welfare.

Because each situation is unique, families facing relocation questions should consult with a qualified Massachusetts family law attorney to understand their options and obligations.