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Both parents agree to change the custody order

Produced by Massachusetts Law Reform Institute
Reviewed February 2022

If both parents agree about how the judgment or order should be changed, you can file your written agreement and some other forms.

You do not need to serve a summons.

You only have to go to a hearing if the judge orders one.

If the judge does not order a hearing, they will read the agreement and other papers and make a decision.

The forms you need are:

  1. A copy of the order or judgment you are asking the judge to change
  2. Joint Petition/Motion To Change a Judgment or Temporary Order
    1. an affidavit about any history of child abuse or neglect.
    2. an affidavit about any history of protective or restraining orders
  3. Agreement To Change a Judgment or Temporary Order
  4. Proposed Judgment/Temporary Order on Petition/Motion to Change
  5. an Affidavit Disclosing Care or Custody Proceeding
  6. a Financial Statement for each of you.
  7. W-2’s and 1099’s from the year before for each of you
  8. A Child Support Guidelines Worksheet
  9. A proposed Child Support Findings form if you ask the judge to make a child support order different from amount on your Child Support Guidelines Worksheet.

For instructions about 2 through 4 see What do we need to file to change a judgment or order by agreement?

For instructions about 5 see Affidavit Disclosing Care or Custody Proceedings

For instructions about 6 see Financial Statement

For instructions about 8 see Child Support Guidelines Worksheet

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