Custody
When parents separate or divorce, decisions about custody are often the most emotionally difficult and legally complex. In Massachusetts, the law focuses on protecting the best interests of the child, with an emphasis on stability, safety, and nurturing relationships.
TYPES OF CUSTODY
Massachusetts recognizes two main types of custody:
- Legal Custody: The right to make major decisions about the child's education, health care, and religion.
- Physical Custody: Refers to where the child lives and who is responsible for day-to-day care.
Each type of custody can be:
- Sole/Primary (granted to one parent), or
- Shared (joint responsibility between both parents)
HOW COURTS DECIDE CUSTODY
Courts in Massachusetts consider a variety of factors, including:
- The child’s age and needs
- Each parent’s ability to provide a stable home
- The relationship between each parent and the child
- Evidence of abuse, neglect, or substance use
- The ability of parents to communicate and cooperate
If there is a history of domestic violence, the court may limit or deny custody to protect the child's safety.
PARENTING PLANS
In most cases, parents are encouraged to develop a Parenting Plan that outlines physical custody arrangements, parenting schedules, holidays, transportation, and communication. If parents can’t agree, the court will impose a plan based on the child’s best interests.
MODIFYING CUSTODY
Custody orders can be modified if there is a material change in circumstances, such as relocation, changes in the child's needs, or concerns about a parent's ability to care for the child.
Under Massachusetts law, both parents are financially responsible for supporting their child. Child support is intended to ensure that children have the resources they need — regardless of their parents’ relationship status.
How Child Support Is Calculated:
The Massachusetts Child Support Guidelines provide a formula that takes into account:
- Gross income of both parents
- Number of children
- Parenting time (shared or sole custody)
- Health insurance and childcare costs
- Prior support obligations (if any)
In most cases, the parent who spends less time with the child (non-custodial parent) pays support to the parent who has primary physical custody.
You can estimate child support using the Massachusetts Child Support Calculator, but judges may deviate from the guidelines in special cases.
Duration of Child Support:
Support typically continues until the child turns 18, but may extend until age:
- 21 if the child lives with the custodial parent and is dependent, or
- 23 if the child is enrolled in an undergraduate education program.
Enforcing Child Support:
If a parent fails to pay, the other parent may file a Complaint for Contempt. The court can enforce payment through wage garnishment, tax refund interception, license suspension, or other legal remedies.
Modifying Child Support:
Support orders can be modified when there is a significant change in circumstances, such as job loss, increased income, or changes in the parenting plan. Either parent may file a Complaint for Modification.
