Legal Question in Family Law in Massachusetts

I want to move 4.3 miles away from my home (into next town). I have primary physical custody of my school aged children but shared legal custody. I live in Massachusetts. There is nothing in my divorce agreement about moving out of town, just out of state. The move will not affect visitationwith the father. Can he try to stop the move?


Asked on 5/22/15, 9:33 am

2 Answers from Attorneys

He cannot stop you from moving and you do not need his permission to move from one town in Massachusetts to another. If his ability to visit the children were impacted like your move from Boston to Springfield, he could not stop you but he could insist on a change in the terms of visitation. The only other way he can stop you from moving is if you are moving to an unsafe environment, but he would have to bring an action in the Probate Court.

You do need to tell him when and where you are moving so he can continue his visitations with the children,

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Answered on 5/22/15, 9:46 am
Bill Farias Law offices of Bill Farias

He can try, but he will likely fail.

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Answered on 5/22/15, 4:39 pm


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