Search Site
Menu
Child Removal-The Legal Standard

You have custody of your child and you want to move out of state with your children.  However, you must either have the express written permission of your ex-spouse or you must file an action with the Court seeking its permission to move.  In that case, how does the Court decide?

 

In deciding whether a custodial parent may remove a child from the Commonwealth, as in other custody issues, the Court is ultimately concerned with the best interest of the Children.  With specific regard to a removal question, the “real advantage” test is applied in determining the child’s best interests.  Yannas v. Frondistrou-Yannas, 395 Mass. 704, 710-712 (1985) (“Yannas”).  Application of the real advantage test first requires the judge to decide whether the custodial parent has established a “good, sincere reason” for the move, i.e., a “real advantage”.  If the custodial parent meets the burden of establishing such a “real advantage”, then the judge should consider the effect of removal on the child, the interests of and relative advantages to the custodial parent in moving (including, “the soundness of the reason for moving, and the presence or absence of a motive to deprive the non-custodial parent of reasonable visitation”), and the interests of the non-custodial parent.

 

When deciding to file an action to be allowed to move from Massachusetts with your children (including post-divorce) it will serve you to familiarize yourself with the legal standard set forth in the Yannas case cited above.  You may well consider planning in advance as to how you can show the Court why the move is:  1) In the best interest of the children; 2) Is a real advantage to you and the children; 3) Devoid of motive to deprive your ex-spouse of contact with the children.

 

As a result, you should consider visiting the school your children will attend, meeting with their likely teachers, and researching the schools performance rating.  You should establish good and sincere reasons for supporting the move and prepare a proposed plan of how your ex-spouse will have time with the children (i.e., extended summer and school vacation time).

 

CLIENT REVIEWS & TESTIMONIAL HIGHLIGHTS
  • "John Studley helped me thru a very difficult time in my life. He explained everything to me and made me feel independent in my decisions. He got me more than I expected. Thanks to You and your team." - Diane - December 9, 2016

  • "I completely agree with a prior reviewer...a complete class act! He is highly efficient, extremely knowledgeable, personable, totally professional, highly successful and very entertaining. I have dealt with Atty. Studley on a few matters over the course of 12 years and he (and his staff!) have consistently provided the time and means to successfully litigate my cases/issues. I was fortunate enough that he was referred to me and I have had absolutely no regrets. If you're looking for the best, he's the person to hire." - L - December 1, 2016

  • "Posted by Michelle September 16, 2015 John Studley is a true class act. I have been a client of his since 2008. He puts the needs of the child first and foremost. He is direct and honest with his clients in a compassionate manner. I would highly recommend Studley Law Offices. I have great faith in John, Sandy and the rest of the team and I remain truly greatful for all of their hard work." - Michelle - September 16, 2015

  • "Attorney Studley and his staff are exceptional! They all are very professional, courteous, efficient and empathetic for our case. Attorney Studley knew the "ins and outs" of the laws and was able to implement them in our case. He was always available to us in a timely manner. He explained various situations and avenues we needed to explore. He provided us with the information we needed to move forward in our case. Attorney Studley was always prepared for any situation in court. He even had copies of documents that the judge did not have available to him during court proceedings. We have already recommended him to a fellow grandparent and would do so again." - Bev - August 31, 2015

  • "John Studley is very professional. I would highly recommend him to anyone who needs a lawyer. He kept me informed by promptly responding to my emails and phone calls." - Roger - January 31, 2015

  • "John and his staff were very professional from the beginning. He is very persistent and thorough. My case took over a year to settle but his staff had to do a lot of research. They constantly kept me in the loop as to how the case was progressing. I would not hesitate to use his services again." - Ron - August 21, 2014

  • "John helped my family in a difficult child custody case. His excellent work was instrumental in saving my granddaughters from ongoing physical and mental abuse." - Tom - August 12, 2014

  • "This was my first experience dealing with a lawyer. I found John Studley to be very professional in dealing with my case. He explained everything to me in detail and his knowledge of the law reassured me that my case was justified. I had complete trust in him as he was confident and I would highly recommend him to any person in need a lawyer. John dealt with my personal injury case. He set up appointments with Doctors, Neurologists and Physical therapists for me. He and his team were very responsive in returning my phone calls and communicated all correspondence in this matter. He showed a compassion for my health and well being during a difficult time in my life. He was instrumental in facilitating a fair settlement in my case." - Brian - February 21, 2014

  • "John Studley has been my attorney for over 20 years and has never disappointed me. He is, in my opinion the best lawyer you could have. Rest assured that if you have Attorney Studley for your lawyer he will definitelyl do the best that he can do for you. He definitely is a cut above the rest..." - Edna - February 11, 2014

Videos

AWARDS

10.0John E Studley Jr John E Studley JrClients’ ChoiceAward 2014 John E Studley JrReviewsout of 11 reviews

OUR RESULTS

Through our attorneys' unwavering dedication, The Studley Law Offices has achieved successful results on behalf of many of our clients. Please read more about some of the verdicts and settlements of which we are most proud.
SEE OUR RECENT RESULTS
Meet Our Firm
Contact us

Quick Contact Form