Child custody cases can be complex, especially when you need to relocate to another state. If you have shared or sole custody, your child may already spend the majority of his or her time in your home. As the primary custodian, you still must consider the other parents’ rights when it comes to moving.
If you have a new job or have opportunities elsewhere, you may want to bring your child with you.
Can you relocate with your child?
In Massachusetts, it is possible to relocate with your minor child. Children who are native to Massachusetts or resided in the state for five years can consent to relocation if old enough to make a sound decision. If under the age that he or she can consent, then there must be consent from both parents. Without consent, it is up to the court to decide. You would have to apply to relocate to another state with your child.
Can you appeal a decision?
When you believe that the judge’s ruling was unfair or legally wrong, then according to the Massachusetts government, you do have the right to appeal. When you appeal the court’s decision, some rules include the following:
- You cannot make new arguments
- You cannot use new evidence
- You must make an argument in writing
- You cannot have witnesses
The point of an appeal is to prove that there was a legal mistake and that the mistake swayed the judge. You cannot file an appeal based on strong feelings of disagreement. In family court, you have 30 days to file an appeal after the final decree.