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If your case is already over

Produced by Massachusetts Law Reform Institute & Justice Center of Southeast Massachusetts
Reviewed June 2023

If the judge has already made a final decision in your case and you have a court order, there are 3 ways you can ask the judge to let you move with your child. They will all get you the same result, cost the same and you will have to wait the same amount of time for a hearing.  You can file:

You can only file a "petition for removal" if you have:

  • A minor child, who
  • Has lived in Massachusetts at least 5 years, and
  • You are divorced from the child’s other parent.

File an affidavit with your complaint or petition.  See a sample affidavit and blank affidavit.  If you cannot afford the filing fees, file an Affidavit of Indigency

After you file the complaint or petition you must hire a constable to sheriff to serve the other parent. See, Service.


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