WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.
Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.
Legal Information: Massachusetts
Updated:
November 12, 2020Are there any additional factors a judge will consider when deciding temporary custody between parents who are in the process of divorce?
If the parents are divorcing, generally they are considered to have temporary shared legal custody while the divorce is pending unless the judge orders otherwise. (However, this does not mean that they will necessarily have temporary shared physical custody.) When deciding whether temporary shared legal custody would not be in the best interest of the child, the judge must consider:
- whether any member of the family abuses alcohol or drugs or has deserted the child; and
- whether the parties have a history of being able and willing to cooperate in matters concerning the child.1
1 M.G.L. 208 § 31
© 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.