Child Custody Laws in Massachusetts For Unmarried Parents 2024 Explained

Child custody laws and regulations are designed to provide children with the care and support they need to live healthy and fulfilling lives, no matter what the relationship is between their parents. Just like those for married couples, child custody laws in Massachusetts for unmarried parents aim to prioritize the child’s interests while ensuring both parents have the opportunity for a meaningful relationship with their child.

Default Child Custody Arrangements

When a couple is married, courts will generally seek to provide equal custody to both parents unless determined otherwise based on the child’s interests. However, if the couple is unmarried, sole custody will default to the mother unless the father can obtain a court order to secure custody or visitation rights. To do this, he must first legally establish paternity.

Establishing Paternity for an Unmarried Father

For an unmarried father to gain custody or visitation rights in Massachusetts, he must first establish legal paternity that formally recognizes and acknowledges him as the child’s father. From there, he can then pursue the same parental rights he would as if he were married. To establish paternity, an unmarried father must do one of the following:

• Voluntary Acknowledgement of Parentage. When a child is born, both parents can sign this document confirming the father’s paternity. Once signed, this acknowledgment is legally binding and allows the father to be listed on the birth certificate. This document is filed with the Massachusetts Registry of Vital Records and Statistics and grants the father certain parental rights without the need for a court order.
• Court-ordered genetic testing. Paternity can also be established through a court order, especially if there is uncertainty regarding paternity. The father can request a genetic test through the court system, which can biologically determine parenthood.

Once the father establishes paternity, he may petition the court for custodial rights of the child.

How Is Custody Determined?

While both parents may have the right to custody and visitation, the court will determine an arrangement based on what is in the interest of the child. When making this assessment, Massachusetts courts will focus on several factors, including the child’s relationship with each parent, age and maturity, and developmental needs. Further, the courts will assess each parent’s ability to provide a stable and loving environment, willingness to work with the other parent, and any history of neglect or abuse.

Generally, the court will seek an arrangement that includes both parents equally unless it determines that another arrangement is necessary. No matter how the court determines custody, both parents will be equally responsible for providing financial support to the child.

Modifying Custody Orders

Once custody arrangements have been established, they are legally set and must be adhered to. However, it is possible to request a modification to a custody order after it has been established. To do this, a parent must demonstrate that a significant change in circumstance has taken place that would affect the child’s well-being.

For example, a substantial change in employment, relocation, or concerns about the child’s safety could constitute a qualifying change. Once such a change has been determined, the parent must submit a Complaint for Modification form to the Probate and Family Court. Once the other parent has been served the modification request, the court will assess whether the proposed modification is truly in the interest of the child. An experienced family law attorney can help navigate this process.

FAQs

Q: What Rights Does an Unmarried Father Have in Massachusetts?

A: In Massachusetts, unmarried fathers have many of the same rights as married fathers. However, they must first establish legal paternity to gain these rights. Once a father has established paternity, which can be achieved by signing a Voluntary Acknowledgement of Parentage or through a genetic test ordered by the court, they will be able to seek visitation or custody. Both parents, regardless of marital status, are obligated to financially support their child.

Q: How Can a Father Get 50/50 Custody in Massachusetts?

A: Once he has established legal paternity, a father can get 50/50 custody in Massachusetts by petitioning the court for joint physical custody. By demonstrating a willingness to cooperate with the other parent and by maintaining a stable presence in the child’s life, a father can strengthen their case for shared custody. Ultimately, the court will determine what is in the interest of the child, taking into consideration each parent’s living situation and relationship with the child.

Q: Who Has Custody of a Child If There Is No Court Order in Massachusetts?

A: In Massachusetts, if there is no court order, custody of a child will fall under a default arrangement that depends on the parents’ marital status. If the parents are married, both parents will equally share legal and physical custody of the child until a court decides otherwise. However, if the parents are not married, then the mother will hold sole legal and physical custody, even if the father has legally established paternity until a court order has been obtained.

Q: At What Age Can a Child Decide Not to See a Parent in Massachusetts?

A: A child under the age of 18 cannot legally decide not to see a parent in Massachusetts. The court will take the child’s preferences into consideration when determining custody and visitation, but these preferences will not be the sole deciding factor. Generally, the court will evaluate the child’s reasons for not wanting to see a parent and their overall age and maturity level when factoring in their preferences into the arrangement.

Meet With a Qualified Massachusetts Child Custody Attorney Today

No matter what your relationship is with your co-parent, making sure you have the right to maintain a meaningful connection with your child is crucial. Don’t let the complexities of Massachusetts child custody laws unnecessarily prevent you from a fulfilling relationship with your child.

Secure your rights and protect your child’s future by contacting Farias Family Law, P.C. today. Our attorneys can help you explore your custody options and guide you through the legal process, leading you to a just and fair parenting arrangement.