Legal Information: Massachusetts

Custody

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Updated: 
October 24, 2018

Step 2: Get the custody papers served on the other parent.

Next, you will need to give notice to the other parent that you have filed a complaint for custody.  This process is called “service of process.”  This is done by having a third party who is 18 or older (generally a constable or sheriff) hand copies of the legal papers to the other parent.  There is generally a fee for this service but if you have an affidavit of indigency (proving you are low-income) that was approved by the court, bring that with you and the fee can be waived.1

For a list of sheriff departments in MA, go to our MA Sheriff Departments page.

After the papers are served, be sure to get back the proof of service form from whoever serves the papers and be sure to bring that paper to court.  That signed form is your proof that the abuser was served in case he doesn’t appear in court.

1 See MassLegalHelp.org