Understanding Custody, Modification, and Relocation After Divorce in Massachusetts

Divorce often leads to complex custody arrangements, modifications, and relocation decisions. In Massachusetts, the laws governing child custody and parental rights during and after a divorce can be intricate, especially when it comes to determining who makes decisions for the child, where the child lives, and how to handle changes in custody or relocations.

In this blog, we will walk you through the two types of custody in Massachusetts, the process of modifying custody orders, what qualifies as a material change in circumstances, and the considerations involved when a parent wants to relocate with a child after a divorce. Understanding these aspects is crucial for parents navigating the legal system and seeking the best interests of their children.

What Are the Two Types of Custody in Massachusetts?

In Massachusetts, child custody is divided into two main types: legal custody and physical custody. Each of these determines different aspects of a child’s life and how decisions are made about their upbringing.

• Legal Custody: This refers to the right of a parent to make major decisions about the child’s life, such as decisions about education, medical care, and religious upbringing. Legal custody is not about where the child lives but about who has the authority to make these important decisions. Legal custody can be shared between parents or granted solely to one parent.
• Physical Custody: This type of custody refers to where the child lives and how parenting time is divided between the parents. Physical custody is often determined by the child’s primary residence, and the schedule for visitation or time spent with each parent is arranged accordingly.

The court determines both legal and physical custody based on what is in the best interest of the child. This includes factors such as the child’s bond with each parent, each parent’s involvement in raising the child, and the child’s overall welfare, including their relationship with extended family, school, and community.

What Factors Influence Custody Decisions in Massachusetts?

When a Massachusetts court determines custody arrangements, it considers various factors that relate to the child’s well-being and each parent’s ability to provide care. These factors include:

• The child’s relationship with each parent and the roles the parents play in the child’s life.
• The psychological stability of each parent, including any history of substance abuse or criminal behavior.
• The child’s bond with extended family, including siblings and other relatives, which could impact the child’s overall stability.
• The parenting abilities of each parent, such as their involvement in medical care, education, and day-to-day activities.

These considerations help the court determine which parent is better equipped to meet the child’s needs, both physically and emotionally.

How Can You Modify Custody Orders in Massachusetts?

After a divorce, custody arrangements can change due to a variety of reasons. However, if a parent wants to modify the custody order, they must go through the court system to request a complaint for modification. This process requires proving a material change in circumstances since the last custody order was issued.

A material change in circumstances means that something significant has changed in the parent’s or child’s life that justifies a change in custody. For example, if a parent develops serious psychological issues or a substance abuse problem, the other parent might seek sole legal custody. Another example might be a parent’s work schedule change that impacts their availability to care for the child, potentially making shared physical custody impractical.

What Are Some Examples of Material Changes in Custody?

There are several scenarios in which a material change in circumstances could occur, leading a parent to seek a modification:

• Psychological or Substance Abuse Issues: If one parent develops psychological issues or a substance abuse problem that impacts their ability to care for the child, the other parent may seek to modify the custody arrangement, potentially requesting full legal custody or a change in the parenting plan.
• Changes in a Parent’s Work Schedule: A job change, relocation, or a shift in working hours could lead to a situation where a parent is no longer available to spend the same amount of time with the child. If this change affects the child’s best interests, a modification may be necessary.
• Changes in the Child’s Needs: As children grow, their needs evolve. If the child’s school, healthcare, or social environment changes significantly, a modification may be appropriate to better support their current needs.

In all cases, the parent seeking the modification must demonstrate that the change is both significant and impactful enough to justify altering the original custody agreement.

Can a Parent Move with a Child After Divorce?

Yes, it is possible for a parent to move with a child after a divorce in Massachusetts, but there are important legal considerations. The court generally requires that a parent obtain consent from the other parent or an order from the court before relocating the child, particularly if the move is out of state. This is to avoid disrupting the parenting time schedule and the child’s overall stability.

When a parent wants to move out of state with the child, the other parent has the right to object, and the court will review whether the move is in the best interest of the child. If the move would significantly disrupt the other parent’s ability to exercise their parenting time, the court may decide that the move is not in the child’s best interest.

In-state moves also require careful consideration of how the move might affect the other parent’s parenting time. If the move allows the other parent to continue with the established parenting schedule, there may be no issue. However, if the move changes the logistics of visitation or transportation, it may be necessary to file for a modification of the custody arrangement.

What Steps Should You Take Before Relocating with a Child?

Before making any decisions about relocating with a child after divorce, it’s important to:

• Consult with the other parent to discuss how the move may impact their parenting time.
• Seek legal advice to understand the requirements and potential outcomes of filing a relocation request with the court.
• Consider the child’s best interests and ensure the move is in line with the child’s needs and well-being.

If the other parent objects to the move, or if the move significantly alters the parenting plan, it may be necessary to go to court to seek approval. The court will assess whether the relocation will impact the child’s relationship with the other parent and whether it serves the child’s best interests.

Conclusion: Navigating Custody and Relocation in Massachusetts

Whether you’re seeking a change in custody, dealing with a relocation issue, or navigating the complexities of divorce in Massachusetts, understanding the legal processes and requirements is crucial. Massachusetts law ensures that decisions about custody and relocation are made with the child’s best interests in mind. By staying informed and consulting with a knowledgeable attorney, you can make informed decisions that serve your family’s needs.

If you need assistance with a custody or relocation issue, don’t hesitate to schedule an assessment with Farias Family Law, P.C. Our experienced attorneys are here to guide you through every step of the process.

Visit us at www.billfariaslaw.com or call 508-252-8317 to learn more about how we can help you.