Child Relocations/Removals

Fall River, Massachusetts, Child Relocation Attorney

Parents want what is best for their children. It can be overwhelming to consider how a move out of state can affect your children — for the good and the bad. Whether you are contemplating a move out of state, or the other parent is planning to relocate with your children, it is important to focus on the best interests of your children in any decisions being made. Therefore, any move out of state must be approved by the other parent, or by the court, before relocating.

I am attorney Jennifer Smith Miguel at Miguel Law Offices, and I offer experienced and compassionate legal guidance to mothers and fathers in Bristol County and surrounding areas. I take time to listen and understand the perspective of clients, and create a legal strategy to move forward with their case — whether seeking approval for or fighting against child relocation (child removal).

Call 508-296-0107 or toll free at 866-360-5082 for a confidential consultation with an experienced Somerset child relocation lawyer about your child custody and parenting time matter.

An Experienced Taunton Child Custody Dispute Lawyer Can Help

Child relocation cases can be extremely difficult to overcome. Massachusetts family courts base all child custody-related decisions on the best interests of the child. A strong component of each case is ensuring an ongoing relationship between parent and child is feasible. Therefore, if a parent is seeking approval to relocate with the child in a relocation/move-away case, the parent must file a Complaint for Modification with the court and prove that there is a real advantage to the child and parent, and that the move is in the best interests of the child.

Once a Complaint for Modification is filed with the court, the judge will likely appoint a guardian ad litem (GAL) to investigate on behalf of the court. This investigation may include:

  • Comparison of educational opportunities
  • Analysis of the benefits of the relocating parent's employment opportunity (if relocating for a new job) to the parent and child
  • Identification of social support, such as family (does the move involve moving closer to other family?)
  • Acknowledging the child's preferences, if the child is old enough to voice an opinion
  • Recognition of the impact on the relationship between the non relocating parent and the child, and how this relationship can be maintained — including how the existing child custody and parenting time arrangement should be modified
  • Consideration of many other factors

At the completion of this investigation, the guardian ad litem will make a written report to the court regarding the findings of the investigation and will voice an opinion regarding the disposition of the matter. This report is often heavily weighed by the court and in many instances leads to negotiations between the parties, and even a settlement. If a settlement is not reached, the case proceeds to trial.

As an experienced Massachusetts child custody dispute attorney, I strongly assert your interests and the best interests of your children throughout the case, whether preparing you for the investigation, negotiating on your behalf or aggressively representing you in trial.

Proven results. While my firm believes in attempting to work through to amicable solutions, I have proven experience in litigating for clients in trial. My law firm handled a highly contested child removal case, going up against one of the largest firms in Boston. My firm successfully obtained an appellate result at the Massachusetts Appellate Court and Supreme Judicial Court in favor of my client.

Contact Miguel Law Offices

If you have questions about child relocation or about your visitation rights, discuss your case with me, a Somerset child relocation lawyer. Call 508-296-0107, toll free at 866-360-5082 or contact my family law firm online to arrange a consultation.