If you have made the difficult decision to separate from or divorce your partner and you have children together, it's important that you understand how custody is determined in Massachusetts. Understanding child custody laws in Massachusetts will help to guide your next steps.

Types of Custody Recognized in Massachusetts

Custody in Massachusetts is broken into two categories: legal and physical custody. Both types of custody can be granted on a sole or shared basis. Legal custody means you are the parent responsible for making major decisions related to your child's well-being. These decisions are most often related to their education, medical care and treatment, and their emotional, moral, and religious development.^[1] Physical custody refers to where the child resides.

Both legal and physical custody can either be granted on a sole or shared basis. Let's look at what each category means:

Sole Legal Custody - one parent has the right and responsibility to make major decisions regarding the child's welfare, including education, medical care, and emotional, moral, and religious development.

Joint Legal Custody - there is mutual responsibility and involvement by both parents in major decisions regarding the child's welfare, including education, medical care, and emotional, moral, and religious development.

Sole Physical Custody - a child will reside with and be under the supervision of one parent, subject to reasonable visitation by the other parent unless the court determines that such visitation would not be in the best interest of the child.

Joint Physical Custody - a child will have periods of residing with and being under the supervision of each parent; provided, however, that physical custody shall be shared by the parents in such a way as to assure a child of frequent and continued contact with both parents.

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section31

How Custody is Determined

The state of Massachusetts uses the “best interest of the child” standard when determining how to award custody.  This standard requires that a judge base their custody decision on the needs of the child(ren) involved. In the absence of misconduct by either parent, the parents are held to be equal, and the happiness and welfare of the children shall determine their custody. When considering the happiness and welfare of the child, the court shall consider whether or not the child's present or past living conditions adversely affect his physical, mental, moral, or emotional health.^[2]

Upon the filing of your divorce case with the Massachusetts court system, temporary shared legal and physical custody will automatically be granted, unless the court makes a finding that shared custody is not in the best interest of the child or children. This determination is based upon all relevant facts including, but not limited to, whether any member of the family abuses alcohol or other drugs or has deserted the child and whether the parties have a history of being able and willing to cooperate in matters concerning the child.

Following an agreement by both parties or a trial in your divorce case, the court will issue a final custody order. This final custody order will determine if shared or sole custody is awarded. If shared custody is granted, the order will include an implementation plan that details how shared custody will work concerning the child's education, health care, physical custody schedule, holiday and vacation determinations or the procedure to be used when sharing holidays. The order will also outline procedures to be used by both parties for resolving disputes concerning how the child is raised.

If sole physical custody is awarded, the court will include a visitation schedule for the non-custodial parent in their order. The non-custodial parent will still have access to the child's academic, medical, hospital, and other health records.

Fighting For Your Rights

Our team of experienced attorneys is here to help you fight for your rights as a parent. We know how difficult and emotionally taxing divorce and custody matters are to face, but you don't have to face them alone. Contact our firm today to discuss you legal matter at 617-273-2464

^[1] https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section31

^[2] https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section31