This is an Affidavit which discloses care/custody proceedings. It is used to provide the Court with information regarding any previous custody proceedings involving the children of the marriage and of any other party with a claim to custody of the child/children.
Boston Massachusetts Affidavit Disclosing Care or Custody Proceeding
State:
Massachusetts
City:
Boston
Control #:
MA-805D
Format:
PDF
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How to fill out Massachusetts Affidavit Disclosing Care Or Custody Proceeding?
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FAQ
While there is no specific age when judges will consider a child's preference, judges tend to give the opinions of older teenagers more weight. A child below the age of 10 would need to be very mature for a Massachusetts judge to factor the child's preference into a custody decision.
A divorce order can only be changed if you apply to court by means of a formal court application to change it.
Factors Considered for Granting Full Custody A parent looking to win full custody should be prepared to state clear reasons why joint custody would not serve the child's best interests, such as if the other parent has issues with substance misuse or a history of leaving the child home alone for extended periods.
Generally, the court in Massachusetts does not take kindly to a petition to change a settlement, especially if the divorce had to go to court in the first place. It will only consider reopening a divorce settlement if there are compelling reasons to do so.
If you can't afford the payments ordered by the court, you can usually ask to change the terms of the order to fit in with what you can afford to pay. This is called an application to vary the order. You can ask to change the order for any reason if either: you made a repayment offer and your creditor accepted it.
Custody, visitation, and support determinations are made in the Juvenile and Domestic Relations District Court. If you do not already have an order from another court, you may file a petition requesting custody or visitation in the Court Service Unit, located on the second floor of the juvenile court building.
The court's decision is usually final. In certain circumstances you may be able to appeal the court's decision. You can only appeal in very limited circumstances, for example if the judge made a very serious mistake or because the judge did not follow the proper legal procedure.
What you need A Motion for Temporary Orders (CJD 400) asking the judge to make a change. A Proposed Order specifying what you'd like the new temporary order to say. This is a form that you create yourself.Affidavits that support the need for change, which can include new facts, events, etc.
Before you can request custody, you must open a family law case with your county's superior court; this can be a divorce, a request for a domestic violence restraining order, a paternity case or a custody case. Then you file a request for a custody order, which can be done by either parent.