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
• 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.  
  • 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 plaintiff has an attorney: Uniform Counsel Certification Form (CCF)
  • Instructions on Uniform Counsel Certification Form
• 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 negatively impacted if there is no visitation.

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

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

Service of petition

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