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If you and your child’s other parent never took each other to court about the child you want to move with

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

If you know you need to move out of Massachusetts with your child, file:

If you cannot afford the filing fee file an Affidavit of Indigency to ask the court to waive your court costs.

If you are planning to file a different case against the other parent already, you do not need to file a "Complaint for Authorization to Remove the Minor Child from the Commonwealth." You can just ask the court for permission to move with your child in the complaint you file for:

Every complaint has a section with check boxes near the end that lists orders you want the judge to make.

The last box in this section is blank. Check this box and write on the lines next to the box: “grant plaintiff permission to remove the minor child(ren) permanently from the Commonwealth.” You are the plaintiff. Also file an affidavit that explains why you think the judge should let you move with your child. See, sample Affidavit.

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