CHILD CUSTODY IN MASSACHUSETTS

How child custody is determined in Massachusetts

The process for obtaining a child custody order in Massachusetts depends on a few factors:


  • Parents were married
  • Parents were never married
  • Parents are unable or unavailable to care for the child

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CHILDREN GO TO THE MOVIES EVERYDAY BY WATCHING WHAT WE DO

 I understand it can be stressful when it comes to the custody of our children. That is why having an attorney that will put your children's best interest above all else is very important. I am passionate about children and the relationship they maintain with both of their parents as I have been in your position. As your attorney, I will advise you on the laws about custody, visitation, and support as each one of them is separate from the other. 

Process for filing for Child Custody in Massachusetts

There are 4 different types of custody arrangements in Massachusetts.


  • Sole legal custody 
  • Shared legal custody 
  • Sole physical custody 
  • Shared physical custody 


Parents - Married

Either one or both parents can file for sole or shared custody in Massachusetts. For as long as they have lived in the state for more than 6 months.

As a rule, both parents share legal custody of the child or children and equal rights to parenting time until a court orders otherwise or they agree on a parenting schedule/plan that's approved by the court. Until there is a court ruling both you and your spouse have equal rights to make major decisions about your child/children’s life. 

Massachusetts requires all married couples seeking a divorce where minor children are concerned to attend and participate in an approved Parent Education Program. 

Lists of currently approved programs, including KidCare for Co-Parents: An Educational Program for Divorcing Families are available at https://www.mass.gov/info-details/parent-education-programs.

Parents - Unmarried

If the biological mother and father were never married, the Massachusetts law states the mother has sole legal and physical custody of her child until a court orders otherwise.

If the father wants to petition for custody or visitation he must establish paternity first. A judge may establish paternity if both parents signed and filed a voluntary acknowledgement form, which the father may have already signed when the child was born. If the father never signed the voluntary acknowledgement at birth, he will need to file a complaint to establish paternity. 

Parents - Unable or Unavailable

If a child's parents are unable or unavailable to care for the child, a guardian may be appointed by the courts or the department of children and families. 

If the parents don't agree to the guardianship, the court will decide if the parents are unfit to care for the child.

I encourage a family member who is able and willing to provide the child with a stable home to come forward to petition the court appointment as the guardian versus the child being appointed to the department of children and families.


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How child custody is decided by the courts

The court will always consider what is in the best interest of the child to make its child custody decision. Some important things that the court will consider are:

  • The child's well-being
  • How the child is doing in school and the community
  • The child’s relationship with the parents and other family members
  • The parents’ history of abuse, drug use, or abandonment
  • Whether one parent has been the primary caregiver in the past

Process for filing for Visitation in Massachusetts

As your attorney, if you need a custody order right away, I will file a motion for temporary orders. This is a way to get a temporary custody order while you wait for your case to go through the court system. 

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Learn about your options for child custody and visitation orders if you've been abused.

If you've been abused, I would ask for an immediate court order protecting you and your child. In Massachusetts, this is called a restraining order or abuse prevention order or 209A. We can ask for this order if the other parent has:
  • Harmed or tried to harm you physically
  • Made you afraid that you will be harmed physically
  • Forced or pressured you to have sex
A protective order may temporarily decide custody and parenting time. There are special laws that can provide you with additional protections if you're concerned about your safety or your child’s safety.

If you or your child have been abused, I can help.

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Process for filing for Child Support in Massachusetts

As your attorney, if you need an order for child support, I will file a complaint with the court in the county in which your child lives in.  I will work with you to determine a fair and reasonable amount of support you need to care for your child.

NEXT STEPS

Serve the other parent

Once I have filed the motion to petition for child support, I will notify the other parent through service of process. The constable or deputy sheriff will deliver the complaint and summons to the other parent and prove the delivery by signing the back of the summons and explaining how the non-custodial parent was served (for example “in hand”). This is called a return of service. The constable or sheriff will return it to me by mail. 

Once I have received the return, I will file the return of service with the court. The court can't make a support order unless the proof that the other parent was served has been filed with the court.

Financial Form

Each parent must file a financial statement. A financial statement is a court form that requires you to list your income, expenses, what you own, and what you owe. We will need to present this to the judge and other party at the court hearing.

You may download the financial forms below.


Common Questions

  • What do I do if I am served with Divorce papers?

    If you're served with a complaint and summons, it will tell you that you need to answer within a certain amount of time. Usually you should file an answer in court to the complaint within 20 days of receiving the summons and complaint. If you have questions or don't know how to respond, please call my office at 413-331-4535.

  • What happens if I don't respond to the claim for Divorce?

    You don't have to file an answer, however, the advantage to filing an answer is that there will be a record of what you want and don't want to happen. If you don’t file an answer and don’t go to court, the court may give the relief requested by the plaintiff. Call my office before the deadline to respond at 413-331-4535.

  • What happens if we both agree that Divorce is the best option but we don't agree on visitation or child support?

    When one spouse believes there is an irretrievable breakdown of the marriage or both spouses believe the marriage has ended but they aren't in agreement about custody, support, or marital property issues. This is a contested no-fault divorce.

  • Am I entitled to Alimony?

    Judges look at the following when deciding whether and how much alimony to award:

    • The length of the marriage
    • Age of the parties
    • Health of the parties
    • Income, employment and employability of both parties, including employability through reasonable effort and additional training, if necessary
    • Economic and non-economic contribution of both parties to the marriage
    • Marital lifestyle
    • Ability of each party to maintain the marital lifestyle
    • Lost economic opportunity as a result of the marriage
    • Other factors the court considers relevant
  • How much alimony will I get?

    Except for reimbursement alimony or unusual circumstances, the amount of alimony should generally not be more than the receiving spouse’s need or 30–35 percent of the difference between the parties' gross incomes established at the time the order is issued.

  • How is child custody determined?

    The court will always consider what is in the best interest of the child to make its child custody decision. Some important things that the court will consider are:

    • The child's well-being
    • How the child is doing in school and the community
    • The child’s relationship with the parents and other family members
    • The parents’ history of abuse, drug use, or abandonment
    • Whether one parent has been the primary caregiver in the past
  • How is child visitation determined?

    The court will always consider what is in the best interest of the child to make its child custody decision. Some important things that the court will consider are:

    • The child's well-being
    • How the child is doing in school and the community
    • The child’s relationship with the parents and other family members
    • The parents’ history of abuse, drug use, or abandonment
    • Whether one parent has been the primary caregiver in the past
  • How much child support will I get?

    All child support orders and judgments follow the Massachusetts Guidelines. For a quick reference you can fill out the worksheet to get an idea of how much support you may be entitled to. 

  • What if my spouse was abusive?

    If you've been abused, I would ask for an immediate court order protecting you and your child. In Massachusetts, this is called a restraining order or abuse prevention order or 209A. We can ask for this order if the other parent has:

    • Harmed or tried to harm you physically
    • Made you afraid that you will be harmed physically
    • Forced or pressured you to have sex

    A protective order may temporarily decide custody and parenting time. There are special laws that can provide you with additional protections if you're concerned about your safety or your child’s safety.

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