Massachusetts Child Custody Laws 2024 Explained

Whether you’re getting a divorce or going through a separation, you need to figure out how to properly care for the children involved. When you and your ex-spouse make a parenting plan, you have to decide where the child will live, who will care for them on a daily basis, and who will make the most important decisions about their upbringing. Being informed of Massachusetts child custody laws can help you be well-positioned to make these decisions.

Types of Child Custody

According to Massachusetts child custody rules, two types of custody exist. These are legal custody and physical custody.

Legal custody means a parent has the power to make important choices about their child’s life, like where they go to school, their medical care, and their religious upbringing. In Massachusetts, courts often give parents joint legal custody, which means both parents can have a say in important decisions. When parents are given joint legal care, they must work together to figure out what is best for their child.

When someone has physical custody, they decide where the child lives and who takes care of them every day. The court can give one parent full physical custody, which means the child lives with that parent most of the time, or both parents share physical custody, which means the child spends time with both parents. Sharing physical custody doesn’t mean splitting time evenly, but it does ensure the child stays in touch with both parents on a regular basis.

The Standard for What’s Best for the Child

Massachusetts judges consider the best interests of the child when determining who gets custody. The court doesn’t have a preference for one parent over the other. The goal is to find the right solution for the child’s happiness and well-being. Massachusetts law doesn’t give a clear list of things that must be taken into account when deciding what is best for the child. This gives judges a lot of freedom. Usually, judges will look at things like:

• How the child feels about each parent.
• How well each parent can meet the child’s needs, such as providing food, clothes, and a place to live.
• The child’s history at home, school, and in the neighborhood.
• The mental and physical health of each parent.
• Whether a parent has a history of child abuse or neglect.
• How willing each parent is to help the child have a good relationship with the other parent.

The court will look into any history of abuse, but there is no presumption in favor of either parent. If a parent is found to have abused their child, they may not be able to have as much, if any, custody or contact.

Temporary Custody and Visitation

People getting a divorce are usually awarded temporary joint legal custody at the start of the case unless it would be unsafe for the child. If one parent leaves the child, abuses drugs, or refuses to cooperate, the court may instead decide to give one parent full legal custody.

The court assumes it is in the best interest of the child to maintain a relationship with both parents. If one parent has full physical custody, the judge will usually set up a visitation plan for the parent who doesn’t have custody. Holiday or vacation breaks, visits during the week, and visits on alternate weekends are common ways to set up visitation.

If one parent is a possible danger to the child, like having a history of violence or abusing drugs, the court may order supervised visitation or put conditions on the visitation. The dangerous parent may be required to go to therapy or treatment to ensure everyone’s safety.

Changing Child Custody Arrangements

Circumstances can change over time, which could mean current custody or visitation orders need to be changed. Courts may modify a custody order if there has been a material or substantial change of circumstances and if it is in the best interests of the child. Changes in a parent’s job or living situation, health deterioration, or new evidence of problems like substance abuse or neglect are common reasons to ask for a modification.

FAQs

Contact Farias Family Law, P.C.

Child custody laws can be difficult to understand, but you don’t have to navigate the process alone. Farias Family Law, P.C. can help. Contact us today for an assessment.