Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Or refine your search by selecting a city:
Refine your search by selecting a city.
Child custody law in Massachusetts governs the legal relationship between parents and their children during and after a separation or divorce. Custody decisions play a crucial role in determining where a child lives, who makes decisions about their welfare, and how parenting responsibilities are shared. The primary focus of Massachusetts courts when deciding custody issues is always the best interests of the child. It is important to understand that both parents have legal rights and responsibilities, and custody can be awarded to one or both parents depending on various factors assessed by the court.
Child custody disputes can be emotionally charged and complicated. You may need a lawyer if you find yourself in situations such as:
Consulting with a lawyer helps ensure your rights are protected and allows you to navigate the legal system effectively.
Massachusetts child custody is governed primarily by Massachusetts General Laws Chapter 208 and related statutes. There are two primary types of custody:
Custody can be sole (one parent) or joint (both parents share). Courts prefer arrangements that allow both parents to remain involved unless there is evidence showing that such arrangements are not in the best interests of the child. The judge will consider factors including the child’s needs, each parent’s ability to provide for the child, the stability of each home, the relationship between the child and each parent, and any history of abuse or neglect. Unmarried parents also have rights, but mothers are presumed to have sole custody at birth unless a father establishes paternity. Massachusetts courts will enforce court-ordered parenting plans and may modify orders if circumstances substantially change.
This is the legal standard Massachusetts courts use to decide custody. Factors include the child’s age, health, emotional ties with each parent, domestic stability, and each parent’s ability to meet the child’s needs.
Legal custody involves the right to make major decisions about the child, such as education or medical care. Physical custody refers to where the child primarily lives.
In certain situations, especially if it serves the best interests of the child, grandparents or other relatives may petition the court for visitation or custody, but the standards are strict.
No. Massachusetts courts only award joint custody if they believe parents can cooperate effectively in raising the child and such an arrangement benefits the child.
You must sign a voluntary acknowledgment of paternity or seek a court order to establish legal paternity, after which you may petition for custody or parenting time.
You or the other parent must show that there has been a material and substantial change in circumstances since the last order, and that the change is in the child’s best interests.
You can file a complaint for contempt in the appropriate probate and family court to enforce the order. The court may impose penalties or modify the order if needed.
In most cases, you need court approval or the other parent’s permission to move out of state with your child, especially if it impacts the other parent’s rights.
If there is evidence of abuse, the court will prioritize the safety of the child and may limit or supervise the abusive parent’s contact with the child.
The duration varies depending on complexity, cooperation between parents, whether the case goes to trial, and court schedules. Some cases resolve quickly, others may take many months.
There are several resources and organizations in Massachusetts that assist parents with child custody matters:
If you need legal assistance for a child custody issue in Massachusetts, these steps can help you get started:
Remember, every family situation is unique. Seeking professional legal advice tailored to your circumstances will help protect your rights and your child’s well-being.
