Instructions: Complaint for custody-support-parenting time

Instructions and information to assist you in filing a complaint for custody, support, parenting time.

Complaint for custody-support-parenting time (formerly known as visitation), pursuant to G.L. c. 209C form

• See G.L. c.209C
• Probate and Family Court Uniform Guide to Filings
• Use this form only if child who is the subject of this complaint was born out of wedlock.
• If either party signed a voluntary acknowledgment of paternity, attach a copy to this complaint. 

Required at initial filing

• Complaint for Support-Custody-Parenting Time (CJD 109)
• Child Care or Custody Disclosure Affidavit
  • Supplemental Child Care or Custody Disclosure Affidavit
• If plaintiff has an attorney: Uniform Counsel Certification Form (CCF)
  • Instructions on Uniform Counsel Certification Form

Additional filings

These forms are not required at initial filing. These forms may need to be filed before the court can give you a hearing date or have your case heard by a judge. The division where you file can help answer questions on when these forms should be filed.

• Certified Copy of Birth Certificate OR signed Voluntary Acknowledgment of Parentage Form OR Certified Copy of Adjudication of Parentage
  • Strongly recommended at time of initial filing
• If child support is being addressed:
  • Financial Statement
  • Child support guidelines worksheet (CJD-304)
  • Findings and Determinations for Child Support and Post-Secondary Education (CJD 305)
• Military Affidavit when the defendant does not file an answer or appearance, or not appear on the hearing date. 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.

Special circumstances

• 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.

Filing fees

View the Probate and Family Court filing fees page for applicable filing fees.

Service of Complaint

Service of complaint on defendant is to be made in accordance with Massachusetts Rules of Domestic Relations Procedure Rule 4.

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.

Notice to Parents: Mandatory Attendance at Online Co-Parenting Education Course "Two Families Now"

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-Parent Course and provide notice to the other side by sending them a copy.

To find more about co-parenting education go to: Parent Education | Mass.gov