Instructions: Petition for Grandparent(s) Visitation

Instructions and information to assist you in filing a petition for grandparent(s) visitation.

Petition for Grandparent(s) Visitation form

• See G.L. c. 119, Section 39D for more information.
• Probate and Family Court Uniform Guide to Filings

Required at initial filing

• Petition for Grandparent(s) Visitation form (CJD 105)
• Child Care or Custody Disclosure Affidavit. In cases involving a child, use this form to tell the court about any other open or closed cases involving the child.  You must file the Affidavit in cases involving the care, custody, visitation, or change of name of a child.  See Trial Court Rule IV for more details.  
  • Each petitioner must sign a Child Care or Custody Disclosure Affidavit
  • Supplemental Child Care or Custody Disclosure Affidavit. In cases involving more than 4 children, use this form along with the Child Care or Custody Affidavit for additional space to tell the court about any other open or closed cases.  See Trial Court Rule IV for more details. 
• If petitioner has an attorney: Uniform Counsel Certification Form (CCF)
• An affidavit describing: how the grandparent(s) are involved with the grandchild(ren), what their relationship is like, and a description of how the child(ren) will be significantly harmed if there is no visitation
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

There is $5 summons fee for each defendant listed in the petition.

Best case practice; to be filed prior to scheduling and/or court hearing:

• Certified Copy of Birth Certificate
  • Strongly recommended at time of initial filing
  • If unable to obtain a certified copy, file:
    • Motion to Order Release of Certified Copy of Birth Certificate to the Court, OR
    • Motion to File Late with supporting Affidavit or Verified Motion

Service of petition

Follow Massachusetts Rules of Domestic Relations Procedure Rule 4 to serve the petition on the respondents.