Child Custody Relocation Lawyer in Hingham

The Massachusetts Removal Statute & the Real Advantage Test

Under G.L. c. 208, section 30, a child can’t be removed from Massachusetts without the consent of both parents, the child’s own consent if the child is of suitable age, or a court order. This applies to any out-of-state move, regardless of distance. Disputes can also arise over in-state moves that significantly change a parenting schedule, school district, or commute time for the other parent.

When one parent holds primary physical custody, Massachusetts courts apply the framework established in Yannas v. Frondistou-Yannas. The relocating parent must first show a good, sincere reason for the move and a real advantage to the relocating household. Only after clearing that threshold does the court move to a broader best-interests analysis, weighing the impact on the child, the relocating parent, and the parent staying behind.

Shared Custody Cases & In-State Moves

The legal analysis shifts when parents share physical custody. Courts then apply a direct best-interests analysis under Mason v. Coleman rather than the real advantage test. The personal benefit to the relocating parent carries less weight, and the court focuses more directly on what the proposed change means for the child.

A move that stays within Massachusetts can still be contested. If the new location materially affects the parenting schedule, changes the child’s school, or significantly increases travel time for the other parent, a court can review it under a similar best-interests standard. Crossing a state line isn’t the only trigger.

What a Judge Weighs in a Contested Removal Case

No single factor controls a relocation decision. Judges in the Probate and Family Court weigh a combination of circumstances specific to each family:

• The soundness and sincerity of the reason for the move, such as new employment, a partner’s job relocation, or access to family support networks
• Whether the relocating parent has a motive to limit the other parent’s time with the child
• The distance involved and how it affects day-to-day parenting
• Whether a revised parenting schedule can realistically preserve the relationship with the non-relocating parent
• The child’s preference, when the child is of suitable age and maturity

Which Court Handles Your Case

Hingham removal cases are heard in Plymouth Probate and Family Court. If you’re in Quincy, Braintree, or Weymouth, your matter falls under Norfolk Probate and Family Court. Our attorneys practice in both courts and are familiar with the procedures and expectations of each.

Speak with a Relocation Attorney Before You Make Any Move

Acting without a court order or the other parent’s written consent can seriously affect your position in a removal case. Whether you’re hoping to relocate or working to stop it, early legal guidance shapes what options you have. Kellem Mahoney Family Law & Mediation Group, P.C. represents both sides and offers mediation for parents who want to resolve a dispute cooperatively before it reaches a judge.

Call us at (781) 304-4001 to schedule a consultation with David Kellem, Renee Mahoney, or another member of our team.