Co-Parenting App for Massachusetts Parents

What Massachusetts courts consider in custody decisions

Massachusetts courts determine custody based on 'the happiness and welfare of the children' under ch. 208, § 31. Unlike most states, Massachusetts does not have a comprehensive statutory list of best interest factors — the standard is developed primarily through case law. Key considerations include whether the child's present or past living conditions adversely affect physical, mental, moral, or emotional health, each parent's ability to provide a stable and nurturing environment, and the child's relationship with each parent. Under § 31A, a rebuttable presumption exists that it is not in the child's best interest to be placed in the sole custody, shared legal custody, or shared physical custody of a parent who has a pattern or serious incident of abuse. Shared legal custody cannot be ordered over the objection of a parent who has been the victim of domestic violence by the other parent.

How the custody process works in Massachusetts

Massachusetts custody cases are filed in Probate and Family Court. Married parents address custody through divorce proceedings, while unmarried parents file under ch. 209C in the same court. The court may appoint a guardian ad litem to investigate the family situation and provide a written report with recommendations. Massachusetts does not have a mandatory mediation requirement, but the Probate and Family Court offers voluntary conciliation and mediation services in many divisions. Parents may also engage a parenting coordinator to resolve ongoing disputes.

Key Massachusetts custody statutes

• Mass. Gen. Laws ch. 208, § 31
• Mass. Gen. Laws ch. 208, § 31A
• Mass. Gen. Laws ch. 209C, § 10