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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About the Author: Damian Turco is the Founder and Managing Partner of Turco Legal and has practiced divorce and family law since 2008.
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This article is for informational purposes only and should not be interpreted as legal advice. Articles on our blog are written at a historical point in time and the information presented accurately reflects the law at the time of the article’s writing. If you’d like to better understand how the law applies to your case, schedule an attorney consultation by calling any of our offices or by clicking the Schedule a Consultation link on this page.