Can I move if I have sole physical custody?

Can I move if I have sole physical custody?

Generally, a parent who has a permanent order for sole physical custody (also called primary physical custody) can move away with the children unless the other parent can show that the move would harm the children.

What is the difference between sole physical custody and joint physical custody?

Physical custody refers to where the child will primarily live and which parent will care for them on a daily basis. In other cases the parties share joint physical custody and share equal parenting time. The second type of custody, legal custody, refers to the parent’s right to make decisions on the child’s behalf.

How do I get sole custody in Massachusetts?

To get sole custody in Massachusetts, you can file with the court if you are either going through a divorce or if the child is born out of wedlock. The court system in Massachusetts must be petitioned if you are to gain sole custody.

What age can a child decide which parent to live with in MA?

18 years old

Can I take my child out of state if I have joint custody?

If there is some type of court action involving the children (divorce, custody, visitation, child support, etc.) that is in process, then it may be illegal for you to take the children out of state, even temporarily, without permission from the judge and/or consent of the other parent.

How do you prove a mother unfit in Massachusetts?

Generally, if a parent neglects or is unable to provide for the needs and welfare of their child, the court may determine that they are parentally unfit. Claims of parental unfitness often arise from situations involving alleged abuse, abandonment, or domestic violence between parents.

Who has custody in Massachusetts?

In Massachusetts, whether a child was born to never-married or married parents will influence how a court will view a case. In a never-married parenting situation, the child’s mother is granted legal and physical custody right away even if the father’s paternity has been formally recognized.

What does physical custody mean in Massachusetts?

Types of custody arrangements Sole physical custody — A child lives with one parent and the other parent has reasonable parenting time, unless the court decides that parenting time wouldn’t be in the child’s best interest.

What does joint legal custody mean in Massachusetts?

Joint temporary legal custody

How far can you move with joint custody Massachusetts?

However, if a child is a native of Massachusetts or has lived in the commonwealth for five years, and the child is the subject of a custody and visitation order stemming from a divorce, custody, or paternity case, then a parent can’t move the child outside the commonwealth, or a great distance away within the …

How far apart can parents live and still have 50/50 custody?

Rule of thumb is parents need to live within 20 miles of each other. Generally in cases involving parents that live more than 20 miles apart there’s usually a primary physical custodial parent because more than 20 miles just becomes too difficult to have the children going between two homes 50 percent of the time.

Can I move if I have joint custody?

If the parent is agreeable, arrangements can be made for the child to see that parent as agreed between them. If the parent does not agree, then the relocation cannot occur and a court order must be obtained from the court to allow the move.

Can a divorced parent with joint custody move out of state?

Child Relocation Laws Court-ordered custody arrangements can work well for years, especially when both parents live in the same town. Typically, a parent can’t move a child to another county or state without prior approval from the court that issued the original custody order.