Child Relocation

Removal of a Child from Massachusetts

Law Office of Kevin P. O'Malley, P.C.


Relocating With a Child / Removal of a Child from Massachusetts

When a parent decides to relocate and wants to bring the child along, it can be a difficult and contentious situation for everyone involved. If the non-relocating parent does not agree with the move, court permission for the relocation is often required.

Decisions affecting how much involvement you have in your child’s life can greatly influence your child’s future and your relationship for the rest of your lives.

If you are facing a child relocation or removal issue from either perspective, seek legal counsel from an experienced family law attorney who understands what you are going through. Contact The Law Office of Kevin P. O’Malley, P.C. online or call our law office in Medford, Massachusetts, at 1-781-395-7070 for a consultation.

What Does the Court Consider?

The court considers many factors when making rulings on child relocations. The judge will want to know why a parent wants to make a move — if the parent is relocating due to remarriage, a job change or financial difficulties. Is spite, alienation or control an issue or factor? The court will also look at the current child custody arrangement and determine how much a relocation would change the current parenting plan.

The Best Interest of the Family

The “real advantage test” is the standard for all family law matters affecting removal of children from the Commonwealth of Massachusetts. This means that the totality of the family circumstances is taken into consideration in relocation decisions. The Court rationalized that after a divorce, the child’s subsequent relationship with both parents can never be the same…and the child’s quality of life and style of life are provided by the custodial parent. To read about one of our successful child relocation cases, visit our Case Examples page.

To learn more about this sometimes complex and emotional area of family law, contact The Law Office of Kevin P. O’Malley, P.C. With more than 30 years of experience, our lawyers approach each case with extensive legal knowledge, empathy, and thorough preparation.


Phone: 781-395-7070

Fax: 781-391-6919

Business Hours: 8a-5:00p M-F

Address: One Shipyard Way Suite 1190 Medford, MA 02155

Life Can Change Unexpectedly

Contact us today for a consultation