About Massachusetts Child Custody Laws

Massachusetts child custody laws recognize four different concepts: sole legal custody, sole physical custody, shared legal custody and shared physical custody. The courts uphold a tightly defined road to final custody adjudication, and parents or third parties applying for custody find that they must meet a number of conditions before the courts will even hear their cases. Read on and find out where to start the process of applying for custody and which prerequisite you must meet before the court will hear your case.

Governance

The Massachusetts General Laws, specifically M.G.L. chapter 208, section 31 (a link is placed in the resources section) govern Massachusetts child custody laws.

Adjudication

The probate and family court department of the Massachusetts Commonwealth's trial court system adjudicates child custody cases. You are initially required to file a "Complaint for Support-Custody-Visitation," form CJD 109 (a link to all forms is provided in the resources section), if you were not married to the child's other parent. If you are married to the child's other parent, you may request child custody adjudication when filing a "Complaint for Divorce," form CJD 101.

Impact

The child custody laws of Massachusetts directly influence the apportioning of child support obligations. You and the child's other parent will be asked to list your assets and liabilities as well as your incomes and expenses, but when it comes to allocating the actual dollars and cents of the child support requirement, the court predominantly takes into account the percentage of time the child spends with either parent.

Considerations

You may still apply for custody of a child under the Massachusetts child custody laws -- even if you are not a parent -- if you can offer the court a compelling reason for appointing you the minor's guardian. File a "Petition for Guardianship of Minor," form CJP 11, and be prepared to furnish a bond to the court. This form may be filed by non-relatives and relatives alike. Grandparents seeking to establish custody of a child, even if the parents are still living, most commonly file this form.

Grandparents simply seeking visitation may do so by filing a "Petition for Grandparents Visitation," form CJD 105. This form does not affect custody arrangements.

Pretrial Requirements

Massachusetts child custody laws require you to attend mandatory parent education classes before the court hears your custody-related case, or even consents to setting a pretrial conference in a divorce action that involves children. The court system only recognizes approved parent education programs listed on its website (a link is placed in the resources section).

Resources

• Read M.G.L. Chapter 208, Section 31 at the Mass.gov Site.
• Find the Various Custody Forms to File at the Mass.gov Site.
• Find a List of Approved Parent Education Programs for Massachusetts.