Learn how to request a temporary, immediate child custody or parenting time order while you wait for your case to go through the system.
- This page, Get an immediate child custody or parenting time order, is offered by
- Probate and Family Court
- Massachusetts Court System
Get an immediate child custody or parenting time order
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The Details of Get an immediate child custody or parenting time order
What you need for Get an immediate child custody or parenting time order
If you need a custody order right away, you can file a motion for temporary orders when you are filing your new complaint, or before the court makes its final judgment on your open case. See Filing for child custody or parenting time in Massachusetts for more information.
Filing a motion for temporary orders in your case gives you a way to get a temporary custody order while you wait for your case to go through the court system. For example, you may want to ask the court to determine temporary custody, set up a parenting time schedule, or decide on child support.
To file a motion for temporary orders when you are filing your new complaint or into an already existing case, you should include the following forms:
- The Motion for Temporary Orders (CJD 400)
- An Affidavit, where you explain to the judge what happened and when
- A Proposed Order
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 one parent. You should talk to a lawyer if you have questions about whether Massachusetts is the right state to file your case.
Fees for Get an immediate child custody or parenting time order
| Name | Fee | Unit |
|---|---|---|
| Support-Custody-Parenting Time, Separate Support, or Paternity Filing Fee | $115 | each |
| Summons Fee | $5 | each |
How to get Get an immediate child custody or parenting time order
To file in person, file for custody 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 lives now.
- All other cases — File in the county where the child lives.
To file by mail, complete the required forms and mail them to the Probate and Family Court in the appropriate court.
- If you’re filing for custody in a divorce — If your 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 lives now.
- All other cases — File in the county where the child lives.
Call the court before filing to get more details about filing by mail.
You can eFile for Custody, Support, Parenting Time online at eFileMA. For more information on how to eFile, please see eFiling in the Probate and Family Court.
More info for Get an immediate child custody or parenting time order
When you file a motion for temporary orders, the court will set a date for a temporary order hearing. The temporary order you receive will stay in place until another order or the court’s final judgment replaces it.
Downloads for Get an immediate child custody or parenting time order
Open DOC file, 46 KB,
Blank Affidavit
(English, DOC 46 KB)
Open DOC file, 47 KB,
Blank Proposed Order
(English, DOC 47 KB)