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Commonly Asked Questions about Custody Order Forms

Once you complete your forms, you need to file them with the court and pay a filing fee of $435-$450.
Both parents share legal and physical custody of the children unless and until a court orders otherwise. If you or your spouse file a court case to ask for custody, both of you still share legal custody until the court makes an order.
To get sole custody in Massachusetts, you can file with the court if you are either going through a divorce or if the child is born out of wedlock. The court system in Massachusetts must be petitioned if you are to gain sole custody.
One must gather evidence proving their parental involvement would harm the child. Demonstrating the other partys substance abuse issues, criminal record, or homelessness might involve issuing subpoenas to obtain documents or have witnesses testify before the judge.
History of crime, violence or substance abuse In extreme cases, a parent who has continually put their child in danger could lose all custodial rights. Parents who make false allegations could lose custody themselves or face other legal repercussions.
Yes, it is entirely possible for fathers to get primary custody of their children. Massachusetts courts now view parental responsibilities as gender-neutral, and final custody arrangements are always based on the best interests of the child.
The court system in Massachusetts must be petitioned if you are to gain sole custody. In addition to the reasons you feel your partner is unfit or a danger to the child, you must be prepared to present to the court why you should be the sole custodian of the child.
Go to the Clerk of Superior Court and ask to file a Petition to Establish Legal Decision-Making (legal custody), Parenting Time and Child Support. They will give you a packet of forms which you need to fill out. (This packet is also downloadable online.) File your completed paperwork and pay the required filing fees.