I have sole legal/physical custody of my children. My ex-husband has visitation Tues/Thurs from 5-7 pm and every other weekend. I am currently in school to get my bachelors degree in criminal justice. When I graduate I will begin my employment search. We want to move out of state. Is this possible when my ex has visitation rights?
I am willing to pay for all travel expenses and am open to a fair and reasonable visitation schedule (i.e. school vacations) which would come out to almost a week every other month and the whole summer if he so chose.
Yes, you can move out of state. The divorce has no control over where you live. Whether the children can move out of state is the issue. Movaway cases are some of the most difficult custody decisions courts have to make, and the analysis is a giant balancing act where the contact rights of the parent left behind are a priority factor. Your proposal for change to a schedule where he has custody of the kids during all times they are not in school along with standing the costs of the transfers is a result the court could order. To avoid contested proceedings you should attempt serious discussions with your ex husband, using a professional mediator if necessary to address the issue in bilateral good faith.
Best wishes for a result that serves the best interests of the children, and please remember to designate a best answer.
Yes, but you will have to file paperwork with Court. Either the two of you can reach an agreement and file a stipulation, or you will have to ask the court for permission which you will likely get since you have sole legal and physical custody.
Alisha S. TomasinoFamily Law AttorneyWellesley Hills, MA ·
In order to move your children out of state, you either have to get permission from your ex, or get permission from the Court.
To get the Court's permission, you have to file a Petition for Removal of the children out of Massachusetts. The standard for a removal action in MA is two-fold: (1) is it in the best interests of the children to move, and (2) is there a "real advantage" to the move? The Court has to consider a number of things, for instance, the possible adverse affect of the elimination or curtailment of your children’s association with your ex, and under "real advantage," you first have to show that you have a sincere reason for the move.
I would recommend contacting an attorney to discuss this.
Good luck!
Alisha Tomasino
781-860-9500
www.massfirm.com
