Most people receive a copy of a decision within 30 days.
Find out when you can change a child custody or parenting time order, how to change it, what forms you'll need, and where to file.
- This page, Request to change a child custody or parenting time order, is offered by
- Probate and Family Court
- Massachusetts Court System
Request to change a child custody or parenting time order
Contacts
Probate and Family Court locations
The Details of Request to change a child custody or parenting time order
What you need for Request to change a child custody or parenting time order
A custody or parenting time arrangement can be changed by the court if the person who wants the change can show:
- A significant change in circumstances since the judgment or temporary order was made
- That the best interests of the children aren’t being met by the current arrangement
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). The person filing the complaint is the plaintiff and the other party is the defendant, regardless of who was the plaintiff or defendant in the original court proceeding. You'll need to state the circumstances that have changed in the complaint.
- If only one person wants to change a temporary order, file:
- A Motion for Temporary Orders (CJD 400) asking the judge to make a change.
- A Proposed Order specifying what you'd like the new temporary order to say. This is a form that you create yourself. The law libraries can give you some samples that can help you write your own.
- Affidavits that support the need for change, which can include new facts, events, etc. that have happened since the original order.
- If both people agree on a substantive change to a judgment or temporary order, you should follow the instructions in Changing a Judgment or Temporary Order by Agreement General Information (CJD 903). See the checklist of required forms for changing a judgement or temporary order by agreement for more information. The forms for a joint modification must be filed together with the Joint Petition as a complete packet.
Fees for Request to change a child custody or parenting time order
You'll also need to pay the following fees. You only need to pay the summons fee if you're filing a complaint. To find out where to make filing fee payments and what forms of payment are accepted, please contact the Probate & Family Court you're filing at.
| Name | Fee | Unit |
|---|---|---|
| Summons Fee | $5 | each |
| Complaint for Modification or Joint Petition for Modification Fee | $50 | each |
How to request Request to change a child custody or parenting time order
You should usually file with the Probate and Family Court where the judgment or order was originally issued.
If the other parent lives in a different state, the Massachusetts Child Custody Jurisdiction Act applies. This law determines which state’s court has the authority to change a custody agreement. If Massachusetts qualifies as the home state, the case may be heard in this state. You may want to get legal advice in this situation. See Find a Lawyer in Massachusetts for help with finding an attorney.
You should usually mail your forms to the Probate and Family Court where the judgment or order was originally issued.
If the other parent lives in a different state, the Massachusetts Child Custody Jurisdiction Act applies. This law determines which state’s court has the authority to change a custody agreement. If Massachusetts qualifies as the home state, the case may be heard in this state. You may want to get legal advice in this situation. See Find a Lawyer in Massachusetts for help with finding an attorney.
Next steps for Request to change a child custody or parenting time order
Serve papers to the other person
If only one person is seeking to change a temporary order, check with the division where your case is to find out how to get a date for the hearing on the motion. Once you know the hearing date, you must serve (notify) the other person by mailing them a copy of these documents as well as the time, date, and location of the hearing within 10 days of the hearing.
More info for Request to change a child custody or parenting time order
If all forms have been filed and the court approves the modification, both parties will receive a copy of the decision within 30 days. If forms are missing or incorrect or the judge has questions about the new agreement, the court will notify you within 21 days that a hearing has been scheduled. Both parties must attend.
Downloads for Request to change a child custody or parenting time order
Open DOC file, 47 KB,
Blank Proposed Order
(English, DOC 47 KB)
Open DOC file, 46 KB,
Blank Affidavit
(English, DOC 46 KB)