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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.
You'll also need to pay the following fees. You only need to pay the summons fee if you're filing a complaint.
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 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 him/her a copy of these documents as well as the time, date, and location of the hearing within 10 days of the hearing.
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.