CC-DR-004 Complaint for Custody: How to File Maryland's Custody Form

What Is Form CC-DR-004?

Form CC-DR-004 is Maryland's official Complaint for Custody, used to initiate a custody case in Circuit Court. For grandparents and relatives seeking third-party custody of a minor child, this is the primary filing document. The current revision is dated August 2024, and it is free to download from the Maryland Judiciary website (mdcourts.gov).

National form vendors like US Legal Forms and pdfFiller sell access to this form, sometimes hosting outdated 2018 or 2021 versions. You do not need to pay for it — the current version is always available directly from the state.

What the Form Asks For

CC-DR-004 is structured in sections:

Case Information: the county where you are filing, the case number (assigned by the clerk), and the names of the plaintiff (you) and defendant (the parent or parents).

Children: each child's full name, date of birth, current address, and how long they have lived at that address. If the child has lived at more than one address in the past five years, list each one — this is required for the court to determine jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Existing Court Orders: whether any other court has entered a custody, guardianship, visitation, or protective order involving the child. If yes, identify the court, the case number, and the type of order. Maryland courts need this to avoid conflicting orders across jurisdictions.

Custody Requested: specify whether you are seeking legal custody (decision-making authority), physical custody (residential care), or both. You can also request a specific visitation schedule for the non-custodial parent.

Child Support: if you want the court to order child support from one or both parents, check the box and attach the Child Support Guidelines Worksheets (CC-DR-034 or CC-DR-035) and a Financial Statement (CC-DR-030 for combined income ≤ $30,000/month or CC-DR-031 for above).

Basis for Third-Party Standing: this is where you explain why you — a non-parent — have standing to seek custody. For grandparents and relatives, this means alleging parental unfitness, exceptional circumstances, or de facto parent status with specific facts. Generic statements like "I believe it is in the child's best interest" are not enough at the standing stage.

Required Attachments

Along with CC-DR-004, you must file:

• CC-DCM-001 (Civil Domestic Case Information Report) — a cover sheet with basic case data
• Child support forms (CC-DR-034/035 and CC-DR-030/031) if requesting support
• MDJ-008 (Notice Regarding Restricted Information) only if your filing contains information already restricted by law, rule, or court order

You do not need to attach the child's birth certificate for a custody complaint (unlike a guardianship petition), but bring a certified copy to the hearing.

The Guide & File Alternative

Maryland's Guide & File portal (courts.state.md.us/guideandfile) offers an automated interview that populates CC-DR-004 and CC-DCM-001 based on your answers. Self-represented litigants can use this tool to generate a completed form without manually filling in PDF fields.

The interview walks through jurisdiction questions, child information, and the custody request step by step. Once complete, it generates a PDF that you print, sign, and file with the Circuit Court clerk — or submit electronically through MDEC if your county participates and you are comfortable with e-filing.

Filing and Service

File the completed CC-DR-004 with the Circuit Court clerk in the county where the child lives or where either parent lives. The filing fee is $165.00. File Form CC-DC-089 at the same time if you need a fee waiver.

After filing, the clerk issues a summons. You must serve a copy of the complaint and summons on both parents through certified mail, Sheriff delivery, or a private process server. Response deadlines: 30 days for service within Maryland, 60 days for another state, 90 days for outside the United States.

Common Filing Mistakes

Confusing CC-DR-004 with CC-GN-001: CC-DR-004 is for custody (Family Law proceedings in Circuit Court). CC-GN-001 is for guardianship (Estates and Trusts proceedings in Circuit Court or Orphans' Court). They serve different legal purposes and trigger different court procedures.

Insufficient standing allegations: listing factual circumstances vaguely ("the parent is not a good parent") instead of specific, documented allegations that meet the exceptional circumstances or unfitness threshold.

Missing the CC-DCM-001: the complaint cannot be accepted for filing without this cover sheet.

For a full walkthrough of the custody filing process — from completing CC-DR-004 through service, hearing preparation, and obtaining your order — the Maryland Guardianship and Custody Guide covers each step with form-by-form instructions.

See more Maryland guides →