Legal Question in Family Law in Massachusetts

Re: Removal to new hampshire

I am assuming you want to remove the children out of state? Then you inquire whether or not your 12 year old can speak w/ the judge, regarding same? Filing a motion for habeas corpus (as it applies to domestic relations) that your daughter be brought before the judge is one way for the judge to hear your daughter. But your daughter's request to move out of state is only taken as one factor/consideration of many other factors encompassing the removal of children out of the state. Children are not given the power to decide, but the judge will weight all factors, including her discussions with your child.

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Re: Removal to new hampshire

From your question, I assume you are not the custodial parent. The custodial parent in Massachusetts has pretty much been given the choice to move the child out of the Commonwealth, unless it would be clearly not in the best interest of the child. Your daughters have no real say in where they live. At the age of 12 and up, a judge can consider a child's wishes as to which parent she will live with. If that parent is in New Hampshire, and she wishes to go with that parent, the judge can allow it. There are a lot of other considerations in a change in custody, which you would have to raise by petitioning for a modification of the custody order.

What the likely outcome of a hearing on such a petition would be would require a lot more information about what is going on and why either child would want to move to New Hampshire and if it would be in her best interest to do so.