For divorced parents, relocation can be the most complex legal issue faced – for both the custodial parent who seeks to relocate and for the non-custodial parent who wants to prevent the relocation of their child. Relocation cases are particularly difficult because they often involve two committed and loving parents, and because there is often a genuine reason that one parent has to move to another area of their current state, or another state or country.

In each and every case, the court’s primary focus will be on the effect that the relocation will have on the child, and whether relocation is in the child’s best interests. In cases where there is a primary custodial parent, if the custodial parent has a good and sincere reason, often referred to as the “real advantage,” for removing the child to another jurisdiction, then the collective interests of the child and both parents will be considered. In the case of shared custody arrangements, both the real advantage ­– the good and sincere reason for the relocation – as well as the child’s best interests in terms of their physical and psychological relationship with both parents are taken carefully into account.

Relocation cases, where separation of young children from a parent will potentially and practically end a parent-child relationship, are highly complicated, and require an experienced and dedicated lawyer. Rui P. Alves is a Massachusetts and Rhode Island divorce, child custody and visitation lawyer, who has handled relocation cases in Massachusetts, Rhode Island, and internationally. He can be reached at 888-273-9903 or for a free initial consultation about your legal needs. A native of Portugal, Rui speaks fluent Portuguese and Spanish.

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