Important Instructions to Read Before Completing this Affidavit Form. Either or both parents can file for sole or shared custody in Massachusetts.The form tells the court if there are already any court orders about your child. ° Affidavit of Indigency. • Where and How to File: ° Completed documents must be filed with the Commonwealth of Massachusetts Probate and. Without a court order establishing paternity, a mother could not seek a child support order, nor could a father seek a visitation or custody order. The court, on its own motion, may require the parties to replead in order that any issue affecting the parent-child relationship may be determined in the suit. 1. I have the actual care and custody of minor child _____________________, who is my_____________ (filial relationship to the child, if any). How will you best arrange for the children to see the parent they are not living with? Mabilang, a resident of Malinis, Maligaya, Pangasinan, has actual care and custody of her niece Juana C. Dela Cruz. 2.