You don`t need a lawyer to apply for custody of the children, but it is highly recommended to get one if you can, especially if the other parent has one. Custody cases can be complicated, and it helps if someone guides you through the process. This can be especially important if you have concerns about your safety or that of your child. For more information, see Find a lawyer. Once the papers have been handed over to the other parent in person, be sure to retrieve the proof of delivery form from the person who delivered the papers. This will be your evidence to the judge that the other parent received the complaint. Present proof of service to the court in person or by mail. Be sure to make a copy that you can keep to yourself. To submit them by mail, complete the required forms and send them to the appropriate Probate and Family Court. Once you have applied for custody, you must inform the other parent that you have filed a custody complaint with the court.

For more information on how this procedure works, see Service of proceedings before the courts. You may be asked to meet with a qualified clerk who will try to help you and the other parent reach an agreement. They may also be referred to other types of alternative dispute resolution. There may be mediators or arbitrators at the courthouse who volunteer to help you and the other parent reach an agreement. Most custody and parenting disputes are resolved by agreement between the parents. If you reach an agreement, the judge will review it and make an order if it is appropriate that it is in the best interests of the child. Learn how to apply for custody or parenting time, what forms you need, and where to file. Once you`ve found the right court, go to the vital statistics office and fill out a complaint and other forms required to start the case. The court then issues a subpoena, which is an official court document that tells the other parent that you have filed a complaint with the court and that there will be a hearing about it.

You do not have to make an agreement with the other parent. If you are afraid of the other parent or if you are applying for or have a 209A violence prevention order (injunction) against the other parent, you do not need to meet in the same room as them. Be sure to notify court staff as soon as you arrive at the court that you do not want to meet the other parent. You will also need to file a fee for the sheriff or gendarme, which varies. If you plan to apply for custody yourself, you must represent yourself in civil proceedings. Even if you plan to represent yourself, you should consider having a lawyer review your documents before filing them. Once the complaint is filed, your file will be referred to a judge. Ask the court about the date of your first hearing. If you file an application for an injunction, you must obtain a date from the court and inform the other parent. If you are not applying for interim injunctions, ask the court how you will get your hearing date.

At the hearing, you will appear before the judge. The other parent may be present and a lawyer may be present. The judge will ask you both a few questions about your complaint and your requests. To file an application in person, apply for custody in the estate and family court of the county concerned. Whether you are married or not, you may also need to file the following documents: Your child must have lived in Massachusetts for at least 6 months immediately before applying for custody. This is called the rule of the State of origin. There may be exceptions to the Rule of State of Origin if the child has lived in another State with 1 parent. You should speak to a lawyer if you have any questions about whether Massachusetts is the right state to file your case. Custody orders can be arranged for children after a divorce until the child turns around: Call the court before filing for more information on filing by mail..

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