How do I get or change a custody or parenting time order?

If there is no court order naming the father, you ask for custody or parenting time as part of a complaint to establish paternity.

If there is a court order naming the father, or if there has been a voluntary acknowledgement of paternity, unmarried parents can ask for custody or parenting time by filing a complaint for support-custody-parenting time (Ch. 209C).

These cases can take a long time to go through the system.  If you need a custody or parenting time decision right away, you can ask for a temporary order.

Most of the time, your child must have lived in Massachusetts for at least 6 months immediately before you file for custody.

Learn more about how to file these cases on the Probate and Family Court website.

If you need to get a custody order right away, because of domestic violence, file a 209A Complaint for Protection from Abuse and ask for custody in the complaint. See How do I get or change a custody order as part of a 209A?

If you have decided to get a divorce, you can ask for custody or parenting time as part of a divorce complaint. 

If you do not want a divorce but want to live separately from your spouse, you can ask for custody, parenting time and support as part of a complaint for separate support.

These cases can take a long time to go through the system. If you need a custody or parenting time decision right away, you can ask for a temporary order.

Most of the time, your child must have lived in Massachusetts for at least 6 months immediately before you file for custody.

Learn more about how to file these cases on the Probate and Family Court website.

If you need to get a custody order right away, because of domestic violence, file a 209A Complaint for Protection from Abuse and ask for custody in the complaint. See How do I get or change a custody order as part of a 209A.

You may be able to get a change a custody order as part of a 209A restraining order. See How do I get or change a custody order as part of a 209A restraining order?

If you need to change a custody or parenting time order right away, you must show the judge that your child’s health or safety is in danger. And that this dangerous situation happened after the court issued the order you need to change.

If you need to change a custody order right away because of domestic violence, file a 209A Complaint for Protection from Abuse and ask for custody in the complaint. See How do I get or change a custody order as part of a 209A restraining order?

Custody and parenting time orders are either temporary or final. Final orders are also called judgments.

If your order is a "temporary order," you can go back to the Probate and Family Court and file a "motion" asking for a change. Write on the motion form why you and your child need the change.

If your order is a "judgment," you can go back to Probate and Family Court and file a Complaint for Modification. You will need to show that the situation has changed a lot and that your child now needs a different kind of custody order or parenting time arrangement. 

This kind of case can take a long time. If you need to change the order quickly, you can file a Motion for Temporary Orders. You can ask the judge for a temporary custody or parenting time order that makes the changes that you need. You will need to show that there is some kind of emergency that makes it important for your child's situation to change so quickly. 

Learn more about filing these papers on the Probate and Family Court website.

If you need to change a final custody or parenting time order because of significant changes in circumstances, but it is not an emergency, you can file a Complaint for Modification. For example, one parent may have moved since the custody order was issued, so the original custody and parenting time orders might not make sense anymore.

If both parents agree about how the judgment or order should be changed, you may be able to file a “joint petition” with the court. You will need to file your written agreement and some other forms. See the checklist of forms that you need to give the court on the Probate and Family Court website.

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.

Learn more at How to change a judgment or order by agreement.

Only start a case in court if you need a court order. For example, even without a court order, a mother who is not married to her child's father has sole legal and physical custody, unless and until a court orders otherwise. 

Once you start a case, the other parent can bring up other issues that concern them, like custody or child support or domestic violence. If you file a case, the other parent can file their own case to respond to yours.

Even if you are not worried about health or safety, the other parent might be.

If you are not sure if you need to file a case, talk to a lawyer.