How old does a child have to be to testify in MA court that he doesn’t want to see his father?

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My boyfriend shares custody with his ex-girlfriend for their 10 year old boy.  She has physical custody, he has their son every weekend and also during the week if she has to work.  She tried to take him away to Miami 4 years ago, lied to the judge but judge ruled she could not leave Massachusetts.  Now she wants the boy to say he doesn’t want to see his Dad anymore, she has brainwashed him.  She doesn’t want to be monitored because she neglects the child. How old can he be to tell a judge he prefers either parent?  She is trying to get the child to lie.  Recently my boyfriend went to Greece on business and she took the child to Philadelphia for 5 days without permission.  Now she is furious because I tracked her down.  Please advise. Massachusetts is not kind to good fathers.


The Court is highly unlikely to allow a child to testify during a Court proceeding due to the traumatic effect it would have on that child. Instead, a Guardian Ad Litem (a GAL is an attorney or mental health professional) would be appointed to conduct an investigation. Part of the GAL’s process would be to interview the child. Please do not hesitate to contact me if you wish for more information.

he Greater Lowell, Massachusetts family law lawyers at Berid & Schutzbank serve all of Middlesex County, Essex County, Worcester County, and the Merrimack Valley region including Andover, Billerica, Burlington, Carlisle, Chelmsford, Dracut, Dunstable, Groton, Lawrence, Lowell, Methuen, North Andover, Pepperell, Tewksbury, Westford, and Wilmington, Massachusetts.

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