Understanding How Child Custody Is Decided in Massachusetts
When parents in Massachusetts go through a separation or divorce, one of the most important—and emotionally charged—issues to resolve is child custody. In Massachusetts, the courts prioritize the best interests of the child above all else. This means judges consider various factors, such as the child’s relationship with each parent, the child's needs, the parents’ ability to provide a stable environment, and even, in some cases, the child’s own preferences, especially if they are older or more mature.
There are two main types of custody in Massachusetts: legal and physical. Legal custody refers to the right to make major decisions about the child’s life, such as education, health care, and religion. Physical custody refers to where the child lives. Custody can be shared (joint custody) or awarded to just one parent (sole custody), depending on what the court believes will best serve the child's well-being. For example, joint legal custody is often granted unless the court finds that the parents cannot cooperate in making decisions.
Massachusetts courts encourage parents to come to an agreement on custody through mediation or negotiation whenever possible. If they can't agree, the court steps in to make a decision based on evidence presented by both sides. Ultimately, the goal is to ensure the child continues to have a loving, stable, and supportive relationship with both parents, whenever possible. Parents are encouraged to work together and keep communication lines open, as cooperation tends to lead to better outcomes for children in the long run.
It’s also important to understand that custody arrangements aren’t set in stone. In Massachusetts, either parent can request a modification if there has been a significant change in circumstances that affects the child’s well-being—such as a job relocation, changes in the child’s needs, or concerns about the child’s safety. The parent requesting the change must show that the modification is in the child’s best interest. Courts will again consider the same key factors, always focusing on what will most benefit the child physically, emotionally, and developmentally.
Child custody can be a murky area of the law and is largely left to the courts to make a determination based on a wholistic view of the situation. Because of this, it is important to contact a family law attorney to guide you through the process.
Disclaimer: This post is for informational purposes only and is not a substitute for legal advice. For advice about your individual case, consult a licensed family law attorney.
