What is an affidavit of care and custody, and when does a party need to file one?
Filing:
The short answer to the latter part of that question: a party needs to file this document whenever there is a proceeding involving the care or custody of a child. In addition to filing with the court, the party must also provide a copy of the affidavit to all other parties involved.
Affidavit:
The affidavit must include relevant information regarding care and custody of the child or children involved. Per Massachusetts General Laws, chapter 209b, section 3, this includes the following:
• The present address of residence of the child, as well as each address at which the child has resided during the past two years;
• Names and addresses of any party to any custody proceedings involving the child in the past two years; and
• Information regarding whether the party has participated in any prior custody proceeding involving the child, whether in Massachusetts or in any other jurisdiction; the capacity in which the party has participated; and copies of any pleadings or determinations which were involved.
Custody includes both physical and legal custody, or the right to make decisions on behalf of the child. The affidavit must follow the relevant court rules. Revise it if new, relevant information about the child’s care emerges. If the party fails to file the affidavit and does not show good cause, the court may impose sanctions unless it grants an extension.
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