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Changing your Parenting when a Case is Pending May Be Too Little Too Late for the Appeals Court

The Massachusetts Appeals Court recently provided an overview of the two-part test for deciding if a custodial parent can move out of state with their child  in  Rosenwasser v. Rosenwasser .   The father in Rosenwasser requested the court's permission to move to Florida with the parties' minor child.  The trial court denied his request after applying the two-part test from the Yannas case .  However, the appeals court disagreed with how the trial court applied the test and focused specifically on a change the mother made to her parenting only recently. The appeals court agreed with the trial court that the father met the first prong of the Yannas test because there was a "real advantage" to him moving to Florida, namely decreased expenses and family support.  In addition, the request to move did not appear to be motivated by a desire to deprive the mother of time with the child. The second part of the Yannas test requires the court to determine if the...