Probate and Family Court Uniform Guide to Filings

The below information lists what forms are required to be filed with the Probate and Family Court to start a new court case or new subsequent action.

Filing a new court case

The following forms are required to be filed with the court to start a new court case.

Complaint for Divorce (fault)

Refer to: G.L. c. 208, §1

Required at initial filing: 

• Complaint for Divorce Form CJD-101
• Certified Copy of Marriage Certificate
  • If not filed with Complaint, a Motion (CJD 400) to file copy of marriage certificate late must be filed
• Report of Absolute Divorce (R-408)
• If children under the age of 18 are listed: 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)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Best case practice; to be filed prior to court hearing:

• Financial Statement 
• If child support is being addressed:
  • Child Support Guidelines Worksheet (CJD 304)
  • If applicable, Proposed Findings and Determinations for Child Support and Post Secondary Education Form (CJD 305)

Complaint for Divorce (no fault)

Refer to: G.L. c. 208, §1B

Required at initial filing: 

• Complaint for divorce under section 1B (CJD-101B)
• Certified Copy of Marriage Certificate
  • If not filed with Complaint, a Motion (CJD 400) to file copy of marriage certificate late must be filed
• Report of Absolute Divorce (R-408)
• If children under the age of 18 are listed: 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)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Best case practice; to be filed prior to court hearing:

• Financial Statement 
• If child support is being addressed:
  • Child Support Guidelines Worksheet (CJD 304)
  • If applicable, Proposed Findings and Determinations for Child Support and Post Secondary Education Form (CJD 305)

Joint Petition for Divorce (no fault)

Refer to: G.L. c. 208, §1A

Required at initial filing: 

• Joint Petition for Divorce form (CJD-101A)
• Certified Copy of Marriage Certificate
  • If not filed with Complaint, a Motion (CJD 400) to file copy of marriage certificate late must be filed
• Report of Absolute Divorce (R-408)
• Affidavit of irretrievable breakdown
• Notarized Separation Agreement (within 90 days of filing) - see Sample Separation Agreement
  • If not filed with Petition, must be filed within 90 days (or subject to dismissal)
• If children under the age of 18 are listed: 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. 

Best case practice; to be filed prior to scheduling:

• Financial Statement for each petitioner
• If child support is being addressed:
  • Child Support Guidelines Worksheet (CJD 304)
  • If applicable, Proposed Findings and Determinations for Child Support and Post Secondary Education Form (CJD 305)

Complaint for Separate Support

Refer to: G.L. c. 209, §30

Required at initial filing: 

• Complaint for Separate Support (CJD 102)
• Certified Copy of Marriage Certificate
  • If not filed with Complaint, a Motion (CJD 400) to file copy of marriage certificate late must be filed
• If children under the age of 18 are listed: 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)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Best case practice; to be filed prior to court hearing:

• Financial Statement
• If child support is being addressed:
  • Child Support Guidelines Worksheet (CJD 304)
  • If applicable, Proposed Findings and Determinations for Child Support and Post Secondary Education Form (CJD 305)

Complaint for Support

Refer to: G.L. c. 209, §32F

Required at initial filing: 

• Complaint for Support (CJD 107)
• Certified Copy of Marriage Certificate
  • If not filed with Complaint, a Motion (CJD 400) to file copy of marriage certificate late must be filed
• If children under the age of 18 are listed: 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)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Best case practice; to be filed prior to court hearing:

• Financial Statement
• If child support is being addressed:
  • Child Support Guidelines Worksheet (CJD 304)
  • If applicable, Proposed Findings and Determinations for Child Support and Post Secondary Education Form (CJD 305)

Petition for Grandparent(s) Visitation

Refer to: G.L. c. 119, §39D

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

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

Complaint for Custody, Support, Parenting Time

Refer to: Chapter 209c

Required at initial filing: 

• Complaint for Support-Custody-Parenting Time (CJD 109)
• Certified Copy of Birth Certificate OR signed Voluntary Acknowledgment of Parentage Form OR Certified Copy of Adjudication of Parentage
  • If not filed with Complaint, a Motion (CJD 400) to file late must be filed
• 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)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Best case practice; to be filed prior to court hearing:

• If child support is being addressed (or waived):
  • Financial Statement 
  • Child Support Guidelines Worksheet (CJD 304)
  • If applicable, Proposed Findings and Determinations for Child Support and Post Secondary Education Form (CJD 305)

Complaint to Establish Parentage

Refer to: Chapter 209C

Required at initial filing: 

• Complaint to Establish Parentage (CJD 106)
• Certified Copy of Birth Certificate
  • 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
• 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)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Verified Complaint to Establish De Facto Parentage

Refer to: G. L. c. 209C, § 25

Required at initial filing: 

• Verified Complaint to Establish De Facto Parentage (CJD 133)
• Certified Copy of Birth Certificate
  • If not filed with Complaint, a Motion (CJD 400) to file late must be filed OR box number 6 on Verified Complaint must be checked off
• 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)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Complaint to Establish Parentage (Assisted Reproduction)

Refer to: G. L. c. 209C, § 27

Required at initial filing: 

• Complaint to Establish Parentage (Assisted Reproduction) (CJD 150)
• Certified Copy of Birth Certificate
  • If not filed with Complaint, a Motion (CJD 400) to file late must be filed
• 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 number 14 on Complaint is checked that there is a “Record of Consent”, consent must be filed with the Complaint
• If plaintiff has an attorney: Uniform Counsel Certification Form (CCF)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Joint Petition for Judgment of Parentage (Assisted Reproduction)

Refer to: G. L. c. 209C, § 27

Required at initial filing: 

• Joint Petition for Judgment of Parentage (Assisted Reproduction) (CJD 152)
• Certified Copy of Birth Certificate
  • If not filed with Complaint, a Motion (CJD 400) to file late must be filed
• If number 14 on Complaint is checked that there is a “Record of Consent”, consent must be filed with the Complaint
• 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.

Joint Petition for Judgment of Parentage (Gestational Surrogacy)

Refer to: G. L. c. 209C, § 28I

Required at initial filing: 

• Joint Petition for Judgment of Parentage (Gestational Surrogacy)
• Certified Copy of Birth Certificate
  • If not filed with Complaint, a Motion (CJD 400) to file late must be filed
• Copy of the Gestational Surrogacy Agreement
• Certifications of attorneys representing the petitioner and all co-petitioners
• Affidavit from the assisted reproduction physician
• 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. 

Joint Verified Petition for Validation of a Genetic Surrogacy Agreement

Refer to: G. L. c. 209C, § 28K

Required at initial filing: 

• Joint Verified Petition for Validation of a Genetic Surrogacy Agreement
• Copy of Genetic Surrogacy Agreement
• Certifications of attorneys representing the petitioner and all co-petitioners
• 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. 
• Once child is born: Notice of Birth Under Genetic Surrogacy Agreement (CJD 144)

Change of Name for Adult

Refer to: G. L. c. 210, §§12-14
Refer to: Uniform Probate and Family Court Practice XXXV

Required at initial filing: 

• Petition to Change Name of Adult (CJP 27)
• Certified Copy of Birth Certificate
• If prior name change: Certified Copy of the Marriage Certificate, Divorce Decree, court order changing name, etc.
• Court Activity Record Information (CARI) and Warrant Management System Release Request Form (CJP 34)

Change of Name for Minor Child

Refer to: G. L. c. 210, §§12-14
Refer to: Uniform Probate and Family Court Practice XXXV

Required at initial filing: 

• Petition to Change Name of Minor (CJP 25)
• Certified Copy of Minor’s Birth Certificate
• If prior name change: Certified Copy of the Minor’s Name Change
• 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 a minor child is 12 years old or older: Court Activity Record Information (CARI) and Warrant Management System Release Request Form (CJP 34)
• If there is a deceased legal parent: Copy of Death Certificate
• If there is a guardian appointed: Proof of Appointment
• If parent has signed a voluntary surrender and it was allowed by the court, or the court has terminated a parent’s parental rights: Proof of Termination of Parental Rights

Appointment of Guardianship of Adult

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Appointment of Guardian for an Incapacitated Person (MPC 120)
• Medical Certificate (MPC 400) OR Clinical Team Report (MPC 402)
  • Medical Certificate must be dated within 30 days of filing the petition
  • Clinical Team Report must be dated within 180 days of filing the petition
• Bond (MPC 801) (proposed) 
  • If Petition requests some suitable person be appointed, this may be filed at court hearing
• Decree and Order of Appointment of Guardian for an Incapacitated Person (proposed) (MPC 720)
  • If Petition requests some suitable person be appointed, this may be filed at court hearing
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Best case practice; to be filed prior to court hearing:

• Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request (CJP 34) for proposed guardian(s)
• If box #15 is checked off:
  • Clinician’s Affidavit as to Competency and Treatment (MPC 800)
  • Proposed Treatment Plan (MPC 825) with proposed findings (if request to treat with antipsychotic meds)
  • Affidavit from treating clinician and proposed findings (if there is a request for extraordinary authority, or authority for which a substituted judgment determination may be required)
• If available, a copy of the following must be filed with the court: a document nominating a Guardian, a current Conservator, a Representative Payee, a Health Care Agent, and/or a Durable Power of Attorney/Agent

Appointment of Guardianship of Minor

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Appointment of Guardian of a Minor (MPC 140)
• 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.
• Certified Copy of Birth Certificate
  • 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
• Bond (MPC 801) (proposed) 
• If the minor is 14 years or older, they can consent or nominate: Notarized and Verified Consent to Nomination by Minor (MPC 441)
• Decree and Order of Appointment of Guardian of Minor (proposed) (MPC 740)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Best case practice; to be filed prior to court hearing:

• If there is a deceased legal parent: Copy of the Death Certificate
• If the minor is 14 years or older, they can consent or nominate: Notarized and Verified Consent to Nomination by Minor (MPC 441)
• If the parent(s) or other interested person(s) assent Notarized Waiver and Consent to Petition (MPC 440)
• Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request (CJP 34) for all interested parties, guardian(s) and/or parent(s)
• If available, a copy of the following must be filed with the court: nomination of a guardian by will or other writing signed by the parent(s) or guardian(s), a termination of parental rights, a guardian who has died or become incapacitated, or any order or other relevant documents

Petition to Confirm Standby Guardian of Minor G. L. c. 190B, § 5-202(c)

Refer to: G. L. c. 190B, § 5-202(c)

Required at initial filing: 

• Petition to Confirm Standby Guardian of Minor (MPC 141a)
• Designation and Consent to Standby Guardianship (MPC 142)
• 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

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

• If parent(s) agree with confirmation: Consent to Designation of Standby Guardianship (MPC 143)
• If the minor is 14 years or older, they can assent on petition (MPC 141a)
• Decree of Confirmation of Standby Guardian G. L. c. 190B, § 5-202(c) (MPC 744a)
• Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request (CJP 34) for all interested parties, guardian(s) and/or parent(s)
• Within 30 days of the appointment becoming effective a Notice of Acceptance of Appointment (MPC 144a) and accompanying documentation must be filed

Petition to Confirm Standby Guardian of Minor G. L. c. 190B, § 5-202(e)(2)

Refer to: G. L. c. 190B, § 5-202(e)(2)

Required at initial filing: 

• Petition to Confirm Standby Guardian of Minor (MPC 141b)
• Designation and Consent to Standby Guardianship (MPC 142)
• Notice of Acceptance of Appointment (MPC 144b) with accompanying documentation
• 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

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

• If parent(s) agree with confirmation: Consent to Designation of Standby Guardianship (MPC 143)
• If the minor is 14 years or older, they can assent on petition (MPC 141b)
• Decree of Confirmation of Standby Guardian G. L. c. 190B, § 5-202(e)(2) (MPC 744b)
• Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request (CJP 34) for all interested parties, guardian(s) and/or parent(s)

Petition for Conservatorship for Adult

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Appointment of Conservator for Disabled Person or For Single Transaction (MPC 130)
• Medical Certificate (MPC 400) OR Clinical Team Report (MPC 402)
  • Medical Certificate (MPC 400) must be dated within 30 days of filing the petition
  • Clinical Team Report (MPC 402) must be dated within 180 days of filing the petition
• Bond (MPC 801) (proposed) 
  • If Petition requests some suitable person be appointed, may be filed at court hearing
• Decree and Order of Appointment of Conservator (proposed) (MPC 730)
  • If Petition requests some suitable person be appointed, may be filed at court hearing
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov
  • For any interested persons who have not assented to the Petition

Best case practice; to be filed prior to court hearing:

• Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request (CJP 34) for proposed conservator(s)
• If available, a copy of the following must be filed with the court: a document nominating or appointing a Guardian, a Conservator, a Representative Payee, a Health Care Agent, and/or a Durable Power of Attorney/Agent
• If seeking authority for estate planning powers, a copy of the following must be filed with the court: estate plan, will, trust, and motion to appoint a GAL

Petition for Conservatorship for Minor

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Appointment of Conservator for Disabled Person or For Single Transaction (MPC 130)
• 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 their own 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. 
• Bond (MPC 801) (proposed) 
  • If Petition requests some suitable person be appointed, may be filed at court hearing
• Decree and Order of Appointment of Conservator (proposed) (MPC 730)
  • If Petition requests some suitable person be appointed, may be filed at court hearing
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov
  • For any interested persons who have not assented to the Petition

Best case practice; to be filed prior to court hearing:

• Certified Copy of Birth Certificate (if not already in an existing file)
  • 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
• If there is a deceased legal parent: Copy of the Death Certificate
• Court Activity Record Information (CARI) and Warrant Management System (WMS) Release Request (CJP 34) for proposed conservator(s) and/or parent(s)
• If available, a copy of the following must be filed with the court: document nominating or appointing a Guardian, a Conservator, or any order or other relevant documents
• If seeking authority for estate planning powers, a copy of the following must be filed with the court: estate plan, will, trust, and motion to appoint a GAL

Petition for Adoption for Minor

Refer to: G.L. c. 210: Minor

Required at initial filing:

• Petition for Adoption and Affidavit of Petitioner for Adoption (CJP 87)
• Certified copy of Minor’s Birth Certificate issued within six months of filing the Petition
  • If not filed with Petition, a Motion (CJD 400) to file late must be filed
• 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 (TC 0050)
  • 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. 
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Alert: These documents are not expressly required by statute or rule, but failure to collect these documents at the initiation will result in a citation being issued for notice to persons who have no legal right to notice.

• Adoption Surrender form (G.L. c. 210, § 2)
  • If given by a legal parent; required to avoid service of citation on parent
• Certified Copy of Termination of Parental Rights Decree
  • If entered against a legal parent; required to avoid service of citation on parent
• Certified Copy of Death Certificate
  • If parent is deceased; required to avoid service of citation on deceased parent

Best case practice; to be filed prior to court hearing:

• Certified copy of each petitioner’s Birth Certificate
• Court Activity Record Information (CARI) Record Check (CJP 34) for each petitioner and every other person over the age of 11 living in the household
  • This requirement does not include a legal parent of the adoptee
  • A CARI Release Request Form for the adoptee is required when the adoptee is over the age of 12
• A Federal Register of Missing Children Report must be obtained from the Department of Children and Families (DCF), usually gathered by the court adoption clerk
• An Agency Report/Home study is required only when the child is 14 years or younger
  • This requirement may be waived by the judge upon filing a Motion when one of the petitioners is the child’s legal parent
• Motions to waive any of the requirements enumerated in G. L. c. 210, §5A, may be grouped into a single motion
  • A supporting affidavit filed by the petitioners may be used to support such a motion

Petition for Adoption for Adult

Refer to: G.L. c. 210: Adult

Required at initial filing: 

• Petition for Adoption and Affidavit of Petitioner for Adoption (CJP 87)
• Certified copy of Adult's Birth Certificate issued within six months of filing the Petition
  • If not filed with Petition, a Motion (CJD 400) to file late must be filed

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

• Certified copy of each petitioner’s Birth Certificate
• A CARI Release Request Form (CJP 34) for each petitioner and every other person over the age of 11 living in the household

MUPC Estate Information

For all MUPC Estate information see the MUPC Estate Administration Procedural Guide Second Edition.

Filing a new subsequent action

The following forms are required to be filed with the court to start a new subsequent action.

Complaint for Contempt

Refer to: G.L. c. 215, §34

Required at initial filing: 

• Complaint for Contempt (CJD 103)
• If complaint concerns a child-related issue: 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)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Best case practice; to be filed prior to court hearing:

• Financial statement (if applicable)

Complaint for Modification of Alimony

Refer to: G.L. c. 208, §§48-55

Required at initial filing: 

• Complaint for Modification of Alimony (CJD 108)
• If plaintiff has an attorney: Uniform Counsel Certification Form (CCF)
• Military Affidavit (TC0002) See Uniform Probate Court Practice XXV: Military affidavits | Mass.gov

Best case practice; to be filed prior to court hearing:

• Financial statement

Complaint for Modification

Refer to: Massachusetts Law about Modifications

Required at initial filing: 

• Complaint for Modification form (CJD 104)
• If children are involved and under 18: 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)

Best case practice; to be filed prior to court hearing:

• Financial Statement (if applicable)
• If child support is being addressed (or waived):
  • Child support guidelines worksheet (CJD-304)
  • Findings and Determinations for Child Support and Post-Secondary Education (CJD 305)

Joint Petition for Modification

Refer to: Supplemental Probate and Family Court Rule 412

Required at initial filing: 

• Joint Petition/Motion to Change a Judgment/Temporary Order (CJD 124)
• Notarized Agreement to Change a Judgment/Temporary Order (CJD 311)
• If there are children involved and under 18: 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 (TC 0050)
  • 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.
• Judgment/Temporary Order on Petition/Motion to Change (CJD 446) (Proposed)
• If financial issues are being modified: Financial Statements (CJD 301S/L)
  • From each party with schedules if applicable
• If child support or medical, dental or vision insurance is being modified (or waived): Child Support Guidelines Worksheet
• If the child support is being changed and the parties deviate above or below the guidelines amount (or waived): Proposed Findings and Determinations for Child Support and Post-Secondary Education (CJD 305)
• If a party and/or a dependent child is a current recipient of public assistance or owes past-due support assigned to the Commonwealth, and if child support or medical insurance is being modified: Written Assent from DOR as the IV-D agency

Removal of Guardian of a Minor

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Removal of a Guardian of a Minor (MPC 240)
• 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. 

Best case practice; to be filed prior to court hearing:

• Decree and Order of Resignation, Removal, Termination of Guardianship of a Minor (proposed) (MPC 743)

Resignation of Guardian of a Minor

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Resignation of a Guardian of a Minor (MPC 241)
• 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.  

Best case practice; to be filed prior to court hearing:

• Decree and Order of Resignation, Removal, Termination of Guardianship of a Minor (proposed) (MPC 743)

Resignation of a Guardian and/or Conservator

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Resignation of Guardian and/or Conservator (MPC 202)

Best case practice; to be filed prior to court hearing:

• Decree and Order of Resignation, Removal, Termination of Guardianship for an Incapacitated Person (proposed) (MPC 723)
• Decree and Order of Resignation, Removal, Termination of Conservatorship (proposed) (MPC 733)

Termination of a Guardian/Conservator

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Termination of a Guardian/Conservator (MPC 203)
• Medical Certificate (MPC 400) or a Clinical Team Report (MPC 402)
  • Medical Certificate must be dated within 30 days of filing the Petition
  • Clinical Team Report must be dated within 180 days of filing the Petition

Best case practice; to be filed prior to court hearing:

• Decree and Order of Resignation, Removal, Termination of Guardianship for an Incapacitated Person (proposed) (MPC 723)
• Decree and Order of Resignation, Removal, Termination of Conservatorship (proposed) (MPC 733)

Removal of a Guardian

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Removal of a Guardian (MPC 221)

Best case practice; to be filed prior to court hearing:

• Decree and Order of Resignation, Removal, Termination of Guardianship for an Incapacitated Person (proposed) (MPC 723)

Removal of a Conservator

Refer to: G.L. c. 190B, Article V

Required at initial filing: 

• Petition for Removal of a Conservator (MPC 231)

Best case practice; to be filed prior to court hearing:

• Decree and Order of Resignation, Removal, Termination of Conservatorship (proposed) (MPC 733)