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How do I show the judge it is in my child’s best interest to move out of Massachusetts?

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

The judge wants to hear how the move will benefit your child

  • emotionally,
  • economically, and
  • socially.

Make a list of how the move will be good for your child emotionally, economically and socially.  Think of proof or witnesses to show the judge each of these good things will happen in your new home. Put your list in your affidavit.  Attach affidavits from other people who know how the move will benefit your child to your motion, petition or complaint.

When it is time for your hearing, bring people and proof to prove the move will benefit your child. See, How do I prepare and bring witnesses to court? And How do I bring documents to present to the judge?

Focus on why the move is in the best interest of your child.

Do not focus on why the other parent is not a good parent or does not deserve to have parenting time.

But, it is important for the judge to know if the other parent:

  • Never sees your child, or
  • Does not have parenting time because of domestic violence or child abuse. If you have documents that show that the other parent has been violent, you may want to show them to the court. 

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