INSTRUCTIONS : MASSACHUSETTS CHILD CUSTODY COMPLAINT (Form CJ-D 109)The Massachusetts Petition for
Child Custody is the form required for Massachusetts residents seeking custody of their children through the court. This petition must be filed in order to obtain a
court order for child custody in the state of Massachusetts.
The Massachusetts Petition for Child
Custody can be obtained by searching online or through the state court.
This form is to be used for seeking any order of child custody, visitation, or support.
1. First you must fill out the case caption information at the top of the form. Include the court name, county, docket number, and names for both the plaintiff and the defendant.
2. In part 1, provide the contact information for the petitioning parent or guardian. You must include your address, relationship to the child, and whether the child was born out of wedlock.
3. For part 2, you must put the child's information. Provide the child's name, current address, and date of birth.
4. You must next put the contact information for the defending parent or guardian, including their address, relationship to the child, and marital status.
5. You must inform the court of the
paternity of the child. If paternity is voluntarily acknowledged, indicate so. Otherwise, you must attach an adjudicated order which states the paternity of the child.
6. In part 7, tell the court what you are seeking through this complaint. You can seek sole custody, joint custody, visitation rights, support, or any combination. It can be helpful to provide the court with an explanation for why you are seeking these orders from the court, which you may attach to the petition for review by the judge.
7. Certify the petition by signing and dating at the bottom of the form. If you are an
attorney representing a client, you must provide your attorney license number and you contact.
8. Provide a copy to all defendants and submit the petition to the court. You may be required to file additional
forms or make an appearance in front of the judge.