You have divorced and the court has determined child support and visitation/parenting rights and obligations. Subsequently your company relocates your job outside of Massachusetts. If you keep your job and relocated out of state, your available parenting time will be reduced; however, if you quit your job to remain in Massachusetts, you will at least temporarily be unable to fulfill your child support obligations due to the reduction in your income. What options exist and what is your best decision, to move or quit your current job?

First of all, such circumstances require the consultation of an experienced divorce attorney who can weigh the considerations and legal obligations and help you make the best decision. In large part, this will be determined by the exact language of the court’s order regarding your obligations and whether a modification of the divorce order would be appropriate and available to you. Assuming this goes in your favor, you can then decide how important it is to you and to your children to remain nearby for more frequent visitation.

You will need to file a Notice of Intent to Relocate with the court prior to your move if you do decide to keep your job and relocate. You will continue to be entitled to parenting time in accordance with child custody laws under the section when distance is a factor, although distance will limit the actual amount of time you can spend with your children.

Under such circumstances, your notice to relocate will need to include a statement as to the impact of the relocation on your parenting time and any changes you propose for exercising parenting time.