Legal Custody of Children

Massachusetts Legal Custody

Legal Custody of Children in Massachusetts

In Massachusetts, custody refers to the rights and responsibilities parents have regarding their children after a divorce or separation. Custody is divided into two categories: legal custody and physical custody. Legal custody defines who makes the major decisions about education, health care, religion, and emotional development. Physical custody determines where the child lives and how parenting time is shared.

In most cases, divorcing parents share legal custody. Courts prefer joint decision-making because it is generally based on the best interests of the child for both parents to remain involved in important life choices.

Types of Custody in Massachusetts

Custody can take different forms:

• Sole physical custody: The child primarily resides with one parent, while the other may have custody and visitation rights.
• Joint physical custody: Both parents share significant amounts of parenting time, and the child spends substantial periods in each household.
• Sole legal custody: One parent makes all major decisions for the child.
• Shared legal custody: Both parents must work together on major decisions about the child’s upbringing.

When Sole Legal Custody Is Granted

Sole legal custody is ordered only when parents cannot communicate effectively, or when one parent’s behavior shows they are unfit. This often happens in high conflict custody and visitation cases involving abuse, neglect, or restraining orders. A parent with sole legal custody has the right to make decisions about the child’s upbringing without needing approval from the other parent. However, even in these cases, the custodial parent cannot permanently move the child out of Massachusetts without court approval or the other parent’s consent.

What the Court Considers

The court always makes decisions based on the best interests of the child. Judges do not simply accept one parent’s opinion that the other is unfit. Instead, they look at concrete factors such as parenting history, substance abuse, violence, or neglect. A poor relationship between parents alone does not justify removing joint custody. The court carefully balances all evidence to determine what arrangement best serves the interest of the child.

Proving Sole Custody Is Necessary

To obtain sole legal or sole physical custody, you must provide strong evidence that joint custody would harm your child. Proof may include records of substance abuse, a history of violence, or other dangerous behavior. Courts may award joint physical custody or sole custody depending on the evidence, but the guiding principle is always the interest of the child. Parents seeking to limit the other parent’s rights should be prepared with documentation and credible testimony.

Find Out More About Your Options

When custody issues arise, it is critical to protect your rights and the best interests of your children. Wright Family Law Group can explain your options, whether you are seeking custody and visitation arrangements, requesting sole physical custody, or negotiating joint physical custody. Call us at 978-851-2291 or contact our office online to schedule a consultation.

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