Removal & Relocation.
When a Parent Wants—or Needs—to Move .
When a parent wants to move with a child—especially out of Massachusetts or far enough to impact the current custody arrangement—it can raise serious legal questions. Whether you're seeking to relocate or opposing a proposed move, Massachusetts law requires the court to carefully weigh what’s in the child’s best interest, not just the parent’s preferences.
At Poppy Legal Group, we represent both parents seeking to relocate and those trying to maintain meaningful time with their children. These cases can be deeply emotional—we approach them with sensitivity, strategy, and a focus on long-term stability for the family.
What Is a “Removal” Case in Massachusetts?
A removal case occurs when a parent wants to relocate a child out of Massachusetts—or sometimes to another part of the state—in a way that would significantly disrupt the current parenting schedule.
Under Massachusetts law, a parent with primary physical custody must have permission from:
The other parent, or
The court, if the other parent does not agree
If custody is shared, the court will decide the matter based on the same legal standard—but with more emphasis on preserving both parents’ relationships with the child.
What Does the Court Consider?
The court uses a “real advantage” and best interest test to decide removal cases. This means the relocating parent must show:
There is a genuine reason for the move (such as a job opportunity, family support, or remarriage)
The move is not intended to interfere with the other parent’s relationship with the child
The move will benefit the child emotionally, educationally, or financially
The court also considers:
The existing custody and parenting arrangement
The child’s relationship with both parents
The child’s ties to their current school, community, and extended family
The potential impact of the move on the child’s well-being
Whether a realistic parenting plan can preserve the non-moving parent’s role
Each case is unique, and judges take a careful, case-by-case approach.
If You’re the Parent Seeking to Move
If you're the parent who wants to relocate, you’ll need to present a clear, thoughtful case that explains:
Why the move is necessary or beneficial
How it will affect your child’s day-to-day life
How you plan to maintain the child’s relationship with the other parent
We can help you prepare a proposed parenting schedule that accounts for long-distance visits, holidays, school breaks, and virtual contact—while showing the court that you’re prioritizing your child’s relationship with both parents.
If You’re the Parent Opposing a Move
If you’ve been served with notice that the other parent intends to relocate, it’s normal to feel shocked, hurt, or fearful. You have the right to contest the move and ask the court to keep the child’s primary residence in Massachusetts.
We can help you:
Respond quickly and effectively
Demonstrate your involvement and importance in your child’s life
Propose alternative solutions
Advocate for a plan that supports your parenting relationship
The court’s goal is not to punish either parent—but to preserve the child’s emotional stability and meaningful relationships.
