Jodie A. Caruolo
Removal Cases Specialist

Divorce Removal Cases

by Attorney Jodie A. Caruolo

More than ever before, for better or worse, life in America often involves unexpected changes. Whether it be a change in marital status, or a new job which sends you packing for a new city, as the saying goes, the only constant is change.

So how are such changes managed in the context of a divorce, where, for example, a mother of three children is offered a great new job in a far away place? When one parent seeks to remove children from the Commonwealth of Massachusetts to another State or even to another country and where the remaining parent does not consent to the move, the Probate and Family Courts of the Commonwealth must get involved. The parent seeking to move with the children must first file a "removal action" with the appropriate division of the Probate and Family Court. The Judge will then listen to the arguments of both parents, and will make a decision consistent with the best interests of the children.

For example, the Judge may conclude that the new job offered to the mother will open a wide range of opportunities otherwise unavailable to the children (such as easier college tuition payments, or more affordable housing). The Judge will also consider arguments from the objecting parent that the move offers no reasonable benefit to the children and is simply a punitive step taken by the custodial parent, intended solely to undermine the relationship between the children and the remaining parent.

Regardless of the outcome, the Probate and Family Court is where such decisions will be made unless an agreement can be arrived at between both parents.

When choosing an attorney to litigate your divorce, paternity, or removal matter, it is important find someone who is well- versed in removal law and who has had experience in prosecuting and defending removal cases.

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