Filing for child custody or parenting time in Massachusetts

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Probate and Family Court
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Eligibility

6 months how long your child must have lived in the state for you to file for custody here

Either or both parents can file for sole or shared custody in Massachusetts. For information about child custody when you're not a parent, please see information about caregivers and guardians.

If the parents were never married, the parents must establish paternity first before asking for child support or for the father to ask for custody of the child.

A judge may establish paternity if one parent files for paternity in court, or if both parents sign and file a voluntary acknowledgement form, which the father may have already signed when the child was born.

Your child must have lived in Massachusetts for at least 6 months immediately before you file for custody. This is called the home state rule. There may be exceptions to the home state rule when the child has lived in a different state with 1 parent. You should talk to a lawyer if you have questions about whether Massachusetts is the right state to file your case. To find legal assistance resources, go to Legal Assistance.

Child custody orders can be arranged after a divorce for children up until the child turns:

21 years old if the child lives in a parent's home and is still principally dependent on the parent
23 years old if the child lives in a parent's home and is still principally dependent on the parent because they're enrolled in an educational program

Key Actions for Eligibility

Get an immediate child custody or parenting time order Learn more about who can file for child custody Learn about guardians and caregivers Child custody and parenting time options when you’ve been abused Find Legal Assistance

Getting a lawyer

You do not need a lawyer to file for child custody or support, but it is highly recommended that you get one if you can, especially if the other parent has one.

Custody cases can be complicated, and it ss helpful to have someone help you through the process. This can be especially important if you have concerns about your safety or your child’s safety. See Finding a lawyer for more information.

If you plan to file for custody on your own, you may want to read Representing Yourself in a Civil Case. Even if you plan on representing yourself, you may want to consider having a lawyer review your papers before you file them. To find more legal assistance resources, go to Legal Assistance.

Forms to file

If you're married

If you're married and want to divorce your spouse — You can file for custody of your child at the same time. See divorce for more information.
If you're married but don’t live with your spouse (or want to live apart from your spouse) — You can file for custody of your child and get support at the same time. See separate support for more information.

If you're unmarried

If you're unmarried, and the father's name isn't on the child’s birth certificate and there is no court order naming the father, you must file:
- The Complaint to Establish Paternity (CJD 106)
- A copy of the child’s birth certificate. This is available from the Registry of Vital Records if the child was born in Massachusetts.
- The Affidavit of Care and Custody (OCAJ-1 TRC IV)
- Military Affidavit. If you do not have a lawyer and are representing yourself in a case, use the Military Affidavit Instructions for Self-Represented Litigants to help you fill out the Military Affidavit form.
If you're unmarried, but you and the other parent signed a voluntary acknowledgement of paternity or there is already a court order which names the father, you must file:
- The Complaint for Support-Custody-Parenting Time (CJD 109)
- A copy of the signed Voluntary Acknowledgement of Paternity
- The Affidavit of Care and Custody (OCAJ-1 TRC IV)
- Military Affidavit. If you do not have a lawyer and are representing yourself in a case, use the Military Affidavit Instructions for Self-Represented Litigants to help you fill out the Military Affidavit form.

General forms

Regardless of whether you're married or unmarried, you may also need to file:

The Motion for Temporary Orders (CJD-400) (i.e. child custody, child support, spousal support, etc.) if you need a court order quickly. Fill in what you want the court to order. With this, you also need an Affidavit, where you explain to the judge what happened and when, and a Proposed Order. See Request an immediate child custody or parenting time order for more information.
The Affidavit of Indigency and Supplement if you can't afford the fees. See indigency (waiver of court fees) for more information.
Financial statements and applicable schedules. See Filing Financial Statements in the Courts for more information.
The Child Support Guidelines Worksheet (CJD 304) if you're seeking support. See child support guidelines for more information.
The Child Support Guidelines Deviation (CJD 305) if you don't think the child support guidelines should apply to your case.
The Motion to Waive Attendance at a Parent Education Program (CJD 444) if you can't attend a parent education program.
The Complaint for Contempt (CJD 103) if a parent isn't following a court order.
The Request for Limited Issues Settlement Conference (CJD 114) if the parents want help from the court to come to an agreement.

Key Actions for Forms to file

Divorce Legal Separation/Separate Support

Fees

Fee	Cost
Divorce & child custody filing fee	$215
Support, custody, parenting time, separate support, or paternity filing fee	$115
Summons fee	$5

You'll also need to file a fee for the sheriff or constable, which varies.

Ways you can file

1. In person

To file in person, file in the Probate and Family Court in the appropriate county.

If you're filing for custody through a divorce — If you or your spouse lives in the county where you lived together, file for divorce at the Probate and Family Court in that county. Otherwise, file in the county where you or your spouse live now.
For all other cases — File in the county where the child lives.

Once you find the correct court, go to the register’s office and fill out a complaint and other required forms to start the case. The court will then issue a summons, which is an official court paper that tells the other parent that you have filed a complaint with the court and that there will be a hearing on it.

2. By mail

To file by mail, complete the required forms and mail them to the appropriate Probate and Family Court.

If you're filing for custody through a divorce — If you or your spouse lives in the county where you lived together, file for divorce at the Probate and Family Court in that county. Otherwise, file in the county where you or your spouse live now.
For all other cases — File in the county where the child lives.

Call the court before filing to get more details about filing by mail.

3. Online

You can eFile for a Complaint to Establish Paternity or Custody, Support, Parenting Time online at eFileMA. For more information on how to eFile, please see eFiling in the Probate and Family Court.

If you're filing for custody through a divorce — If you or your spouse lives in the county where you lived together, file for divorce at the Probate and Family Court in that county. Otherwise, file in the county where you or your spouse live now.
For all other cases — File in the county where the child lives.

Key Actions for Ways you can file

Find your Probate & Family Court Find Legal Assistance

Serving the complaint

The court will mail you a summons after your paperwork has been filed. The complaint and summons must be served on the other the other parent. See service of process in the courts for more information on how this process works.

After the papers are served to the other parent, be sure to get back the form showing proof of service from the person who delivered the papers. This will be your proof to the judge that the other parent received the complaint. File the proof of service with the court in person, by mail or eFile. Make sure you make a copy to keep for yourself.

Key Actions for Serving the complaint

Learn more about service of process

Attend the mandatory co-parenting education program

All parents where there is no agreement on custody and/or parenting time of their minor children must attend the four-hour online co-parenting course “Two Families Now” unless a Judge waives the requirement.

Parent Education: Notice to Parents for Mandatory Co-Parenting Education Course

If you think you should not be required to attend the parent education course you can file Motion to Waive Attendance at Two Families Now Co-Parenting Education Course and provide notice to the other side by sending them a copy.

Key Actions for Attend the mandatory co-parenting education program

Parent Education

Appearing in front of the judge

After the complaint is filed, your case will be assigned to a judge. Ask the court about your first hearing date. If you file a motion for temporary orders, you need to get a date from the court and notify the other parent of that date. If you don't file a motion for temporary orders, ask the court how to get your hearing date. Once a hearing date is scheduled you will receive a notice in the mail about the hearing.

At the hearing, you will appear in front of the judge. The other parent may be present, and they may have a lawyer present. The judge will ask you both some questions about your complaint and motions.

You may be asked to meet with a trained court staff person who will try to help you and the other parent come to an agreement. You may also be referred to other types of alternative dispute resolution. There may be mediators or conciliators at the courthouse who volunteer to help you and the other parent come to an agreement. Most custody and parenting time disputes are resolved by an agreement between the parents. If you do reach an agreement, the judge will review it and make it a court order if they agree that it's in the best interests of the child.

You aren't required to reach an agreement with the other parent. If you're afraid of the other parent, or if you're seeking or have a 209A abuse prevention order (restraining order) against the other parent, you don't have to meet in the same room as them. Make sure you notify the court staff as soon as you arrive in court that you don't want to meet with the other parent.

Additional Resources for Appearing in front of the judge

Open file, Learn about how child custody or parenting time is decided

Open file, Learn about the types of child custody arrangements

Open file, Request to change a child custody or parenting time order

Open file, Learn about Alternative Dispute Resolution

Related Guides

Probate and Family Court forms

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