Child Custody Laws in Massachusetts

Custody is decided by the happiness and welfare of the children, and the parents' rights are equal absent misconduct. The court considers whether the child's present or past living conditions harm the child's physical, mental, moral or emotional health. While the case is pending, parents generally have temporary shared legal custody unless there is an emergency, abuse or neglect, or the judge makes written findings that it is not in the child's best interest. At trial there is no presumption for or against shared legal or physical custody (except in certain abuse cases under Section 31A), and a parent seeking shared custody must submit a shared custody implementation plan. The statute does not set an age for the child's preference.

Once a divorce or custody case is filed and until a judgment, parents have temporary shared legal custody unless there are emergency conditions, abuse or neglect, or the judge makes written findings that shared custody is not in the child's best interest and orders temporary sole legal custody. While a request to modify a divorce judgment is pending, either party (or a next friend for the children) can file a motion, with notice to the other party, for temporary orders about the children's care, custody and support; any temporary custody order must include specific findings showing the injury, harm or damage that could be expected if relief is not granted.