Moving Away With a Child in Massachusetts: Relocation Notice, Distance Rules and Burden of Proof
In Massachusetts a child of divorced parents who is a native or has lived there five years is not removed from the state without the child’s or both parents’ consent, unless the court orders it on cause shown. We found no notice period or distance rule.
What does the Massachusetts removal statute say?
A minor child of divorced parents who is a native of or has resided five years within Massachusetts, and over whose custody and maintenance a probate court has jurisdiction, shall not, if of suitable age to signify consent, be removed out of the commonwealth without that consent, or, if under that age, without the consent of both parents, unless the court upon cause shown otherwise orders (M.G.L. c. 208, s. 30).
| Question | What the statute says |
|---|---|
| Who the section covers | A minor child of divorced parents who is a native of, or has resided five years in, Massachusetts and over whom a probate court has custody and maintenance jurisdiction |
| Consent required | The child’s consent if of suitable age to signify it; otherwise the consent of both parents |
| Exception | The court, on cause shown, otherwise orders |
| Security | The court may require security and issue writs and processes to carry out the section |
| Notice period | None stated in the section |
| Distance trigger | None stated: removal out of the commonwealth |
Does it cover a move inside Massachusetts?
No. The section speaks of removal out of the commonwealth. We did not read a statute that sets a notice period or distance for a move within the state, so a custody order or implementation plan may be the source of any such rule.
How does a court decide a move out of state in Massachusetts?
On cause shown, as a custody question on the child’s happiness and welfare, with the rights of the parents held equal absent misconduct (s. 31). The statute lists no factors for removal, so ask a licensed Massachusetts attorney how the court weighs the move, which is a matter of case law we did not read.
Is there a burden of proof in Massachusetts?
The section states none. The court may order removal “upon cause shown,” which puts the showing on the parent who wants to move.
What about support and the schedule after a move in Massachusetts?
A longer distance can change the schedule and the overnights. Recount with the Massachusetts parenting time calculator and run the Massachusetts child support calculator.
Does the section cover a child who has not lived in Massachusetts five years?
It covers a child who is a native of Massachusetts or has resided five years there; for other children, the custody order or implementation plan, and the court’s general custody power, govern, so ask a licensed Massachusetts attorney.
What can the court require to protect the child in Massachusetts?
The court may require security and issue writs and processes to carry out the removal section (s. 30), which gives it tools to enforce a consent order or a refusal.
What should you do before moving in Massachusetts?
Read your judgment and implementation plan, get written consent from the other parent if you can, and otherwise ask a licensed Massachusetts attorney how to ask the court to order the move on cause shown before the child leaves the state.
Frequently asked questions
Do I need permission to move out of Massachusetts with my child?
For a child of divorced parents who is a native or has lived five years in Massachusetts, you need the consent of both parents, or the child’s if of suitable age, unless the court orders otherwise.
Is there a distance rule for moving in Massachusetts?
None appears in the section; it covers removal out of the commonwealth.
Can a Massachusetts court allow a move without the other parent’s consent?
Yes, on cause shown.
Does a Massachusetts child get a say in a move?
A child of suitable age can give or withhold consent.
Does a move change Massachusetts child support?
It can, if it changes the parenting arrangement.
Official sources
- M.G.L. c. 208, s. 31: custody; shared custody implementation plans
- M.G.L. c. 208, s. 31A: abuse and custody
- M.G.L. c. 208, s. 30: removal of minor children from the commonwealth
- Massachusetts Child Support Guidelines
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Massachusetts statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Massachusetts attorney.