emelbee3
recently joined
Reged: 08/22/07
Posts: 10
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I live in MA with my 3 children, ages 13,11 and 9. My ex and I have been divorced for 5 years. I want to relocate the kids to AZ. He has visitation every other weekend, and 1/2 the summer. He works a rotating schedule, so often his visitation is cancelled because he works 24 hour shifts. my ex has no involvement in the boys daily lives, school or activities. If the kids are involved in sports, they stay home with me during his visitation because ex refuses to take them. He recently moved 2 hours from the town where we live to move in with his girlfriend. I am engaged and my fiance lives in AZ, which is why I want to move.
What information to I need to provide to the court to get permission to relocate the kids?
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Did the divorce occur in MA, and do both you and your ex still live in MA? This is important.
Second, moves must be extensively shown how they will be in the best interest of the children. Moving to be with a fiance will not be taken into consideration.
If your ex is still in MA, it would be best if you could negotiate directly with them, rather than let the court decide. Those that move away often must pick up all the transportation costs for long distance parenting time, which could be quite expensive.
Or, a solution is for your fiance to move to MA.
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DeeCan
veteran
Reged: 04/05/08
Posts: 1266
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Why must you move to AZ? Can't your fiance move to MA?
Its doubtful that you'll be allowed to move the children that great a distance from their father if he objects.
However, that doesn't mean YOU can't move. You'll just have to move without them and set up a visitation schedule.
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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Evidently not anymore. I do the lion's share of transport in my move but that wasn't because a judge "said so". Evidently a SPLIT of transport is becoming much more common.
To the original poster, it IS possible to move, you'll have to petition the court, if that is what your state requires you to do.
What the court will consider depends on your state. In my prior state (I relocated in February), having a fiance WAS ABSOLUTELY a factor considered in fact, statistically, it is THE number one reason for APPROVING a move request.
I strongly suggest you check your state law regarding move-aways. Just google it...
Here's a snippet from one site:
If the child is under age 18, or was born in Massachusetts, or has lived there five-years, in order for a parent to move the child out of the jurisdiction, the parent must get one of:
The child's consent, if the child "of suitable age to consent" (the meaning here is unclear); or
Both parents' consent; or
A court order allowing the child to be moved (this is the most frequent route).
No one can speak to your specific case, in your specific set of circumstances. Consult with a local attorney, most will do a 1 time consultation for free.
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The best we can do is live our lives with enlightened improvisation.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Did you move out of MA? They allow very few out of state moveaways for children in MA. It makes even more difficult when the other parent has the kids a decent amount of time. In the OP's case, it's nearly 25% of the time.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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No one can speak to your specific case, in your specific set of circumstances.
>>>>> No , specifics matter , nobody can say what any individual judge will do .
There are , however , constants , specific to Mass. statutes and case law .
There are presumptions whether relocation is allowed and on what party the burden of proof lies to prove it's in the best interest of the child(ren) . .
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Careful. We don't want to learn from this.
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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I'm confused, isn't that what I said?
As to "presumptions".. same could be said of NY. There is no legal provision for move-aways, there is only case law. There is a "standard" move-away restriction in stipulated settlements. However, in the county I just left, 12 out of 14 judges will nearly ALWAYS grant a move request. 1 out of 14 is a 50/50 shot, and the last is nearly always a "No". Those statistics are from my attorney, who has handled inumerable move-aways in that county. They are, btw, the attorney of ANOTHER poster here. And if you looked at their postings on NY move-aways, and they are in the SAME county, same LAWYER, they'd tell you they are next to impossible to obtain. Obviously,that person never actually ASKED their attorney.
The reality is, in this day and age, that moves are not uncommon and are often necessary. I'm often surprised at the attitude here about them. Reality is, people need to move. People are going to move on with their lives. It happens. Don't want that to happen? It's very simple. Don't get divorced. I realize there are situations where it's DANGEROUS to stay married, but barring that? People should be staying married and working on their marriages, more than they are. Then they want the courts to enforce parenting 'rights', well, stay married. That enforces your right  My 70 year old father, raised by a strict Baptist minister father, farm folk.. "gets" it. I actually figured he'd be very OPPOSED to my moving with dd, even if it was back home. Nope, just the opposite. It happens. With what I do, it's not uncommon to move around, a lot in fact. That's a reality. When you divorce, you see less of your kids, THAT is a reality. Always go back to ULTIMATE cause and effect. Don't want to lose time with your kids? Don't want them to move? DON'T GET DIVORCED. It's really that simple.
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The best we can do is live our lives with enlightened improvisation.
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DeeCan
veteran
Reged: 04/05/08
Posts: 1266
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Whoa, whoa, whoa...
You're saying that like everyone has a choice of whether to get divorced or not.
And that's not always true. Plenty of people want to stop their divorce, but, in most places, it's damn near impossible to do.
While I agree with your last about not wanting them to move dont' get divorced, it only applies to an NCP who did the divorcing. It could also be said, however, that if you don't want to lose time/custody with/of your kids, don't get divorced then plan on moving away.
There's so many scenarios, but it can't always be assumed the NCP is the one who did the divorcing.
And not everyone is your ex.
Off my soapbox now, just needed to point that out.
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Don't drink and park, accidents cause people.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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I don't have any problem with people moving. They can go to the moon if they want. But, in the best interest of the child(ren), the child stays back and usually lives with the other parent.
If you were allowed to move the children out of state, there must be a great amount of detail as to why.
Many states do allow in-state moves, which can be 500 miles or more.
If the info from your attorney is indeed accurate, it's a real shame the judges have taken this position. Read what reducing a child's time to a few weeks a year does to a child.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Are we talking about NY or MA here. I am confused...isn't every state different?
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13.1...because I am only half crazy!
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