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One parent can ask for a change (called a modification) in custody or parenting time, or if both parents agree on the change, they can request the change together. If only one person wants to change a judgment on custody or parenting time, file: The Complaint for Modification (CJD 104).
Common substantial changes in circumstances may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.
The easiest way to seek a modification of orders is for both parties to agree on the proposed change. If the parties cannot reach an agreement, and one party really wants a modification, the matter heads to court. The person requesting the change(s) must petition the court to reopen the case.
Traveling out of state or the country with your children If you cannot find the other parent, you will need to go to court and ask the judge for permission to let you leave without the other parent's permission. You will have to look for the other parent and tell the judge everything you tried to find him or her.
What should a parent do to stop the other parent from moving away? If your child's other parent wants to move away, taking the child with them, you can apply to the Family Court for a guardianship direction or a Parenting Order or both, preventing the child being moved.
Even if you are not currently involved in a legal case with the other parent of your child involving custody of that child, you probably need to get permission either from the other parent or the court before you can leave the state and move to another state or country with your child.
It's common for parents to ask at what age their child can decide custody. In Massachusetts, children can't "decide" where they will live until they are at least 18 years old. However, Massachusetts courts must consider a child's custodial preference when the child is mature enough to have a rational opinion.
If the law applies to you, you must get permission either from the other parent or the court before you can leave the state with your child. If you can get permission from the other parent to leave the state with your child, you do not need the court's permission also.
What is the age of majority in Massachusetts, and does this grant immediate emancipation? The "age of majority" in Massachusetts is eighteen.
You can change an existing court order or consent order. You can also ask a court to enforce an order if your ex-partner is not following it. If you ask the court to change or enforce an order, you'll probably have to go to a court hearing. You can usually avoid this if you get help outside of court instead.