Miller v. Miller

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In child custody cases where one parent seeks to remove and relocate a child to another country and no prior custody order exists to guide the trial judge as to whether the “real advantage” standard of Yannas v. Frondistou-Yannas, 395 Mass. 704 (1985), or the “best interests” standard articulated in Mason v. Coleman, 447 Mass. 177 (2006), should apply, the judge must first perform a functional analysis and then apply to the corresponding standard. The functional analysis may require a factual inquiry regarding the parties’ respective parenting responsibilities to determine whether the custody arrangement more closely approximates sole or shared custody. Lastly, are consideration of the parties’ and child’s respective interests, the judge must balance those factors to determine whether removal is in the best interests of the child. In the instant case, the Supreme Judicial Court held that there was no abuse of discretion with respect to the trial judge’s consideration and balancing of the interests at stake. View "Miller v. Miller" on Justia Law