Know the Laws: Massachusetts
UPDATED August 7, 2009
State-specific information about custody in Massachusetts.
- Definitions
- Basic information
- Who can get custody and visitation
- The custody process
- Steps for filing for custody
- After the hearing
- Child support
Definitions
back to topWhat is custody?
Custody is the legal responsibility for the care and control of your child (under 18 generally). The court may give custody of your child to one or both parents. There are 2 types of custody: legal and physical.
- Legal custody is the right to make major decisions about your child’s well-being, including matters of education, medical care and religious development.
- Physical custody decides who the child will live with on a day-to-day basis.*
back to topWhat options are there for legal custody?
A court may award one parent sole legal custody, or both parents shared legal custody.
- Sole legal custody means one parent will have the right to make major decisions about the child’s well-being, including matters of education, medical care and religious development.
- Shared legal custody means that both parents have the right to take part in major decisions about the child’s well-being.*
back to topWhat options are there for physical custody?
A court may award one parent sole physical custody, or both parents shared physical custody.
- Sole physical custody means the child will live with one parent and be under that parent’s supervision. The other parent will be allowed to visit with the child, unless the court decides that visitation would not be in the best interest of the child.
- Shared physical custody means the child will split his/her time between both parents’ homes. The time will be split so that the child will have a lot of contact with both parents.*
back to topWhat is joint custody?
Joint custody is another term used to refer to “shared custody.” Both mean the same thing. A court or your lawyer may use these terms interchangeably.
back to topWhat is the difference between custody and visitation?
Visitation allows a parent to visit with his/her child. How often the visits take place, where the visits take place, and whether or not the visits need to be supervised by another adult, will all be determined by the court.*
Unlike legal custody, visitation does not give a parent the right to make major decisions about the child’s well-being, including education or medical care matters. A parent must have either sole or shared legal custody in order to make those decisions.
Unlike physical custody, a child will not live with a parent who has visitation rights. However, the child may be able to have overnight, weekend, or even longer visits with the parent, depending on what the court decides.
* M.G.L.A. 208 § 31; M.G.L.A. 209C § 10
back to topWhat is mediation?
Mediation is a process where both parents meet with a third party (a mediator) to try to reach an agreement on how to divide up custody and visitation, without going in front a judge.
You do not have to agree to anything you are not comfortable with or do not want. If an agreement cannot be reached, a hearing will be scheduled in front of a judge.
If you are afraid of the other parent, or if you are seeking (or have) a 209A abuse prevention order (a restraining order) against the other parent, let the mediator know this right away. You do not have to meet with the mediator in the same room as the other parent.*
* See MassLegalHelp.org http://www.masslegalhelp.org/domestic-violence/chapter12-