When parents divorce or separate in Massachusetts, one of the most critical issues to resolve is child custody. There are several types of child custody arrangements, and understanding the differences between them is essential to make informed decisions. This post will discuss joint custody, sole custody, legal custody, and physical custody under Massachusetts law.
- Joint Custody In Massachusetts, joint custody refers to an arrangement where both parents share responsibility and decision-making authority for their child. This arrangement ensures that both parents remain actively involved in their child’s life. Joint custody can be further divided into two categories: joint legal custody and joint physical custody.
Joint legal custody grants both parents the right to make significant decisions about the child’s upbringing, such as education, medical care, and religious upbringing, as outlined in Massachusetts General Laws Chapter 208, Section 31. Joint physical custody involves sharing the child’s living arrangements, with the child spending time at both parents’ residences.
- Sole Custody Sole custody occurs when one parent has exclusive legal and physical custody of the child. In this arrangement, the custodial parent has complete decision-making authority and responsibility for the child’s day-to-day care. The non-custodial parent may still have visitation rights, but they do not participate in major decisions about the child’s life.
- Legal Custody Legal custody refers to a parent’s right to make significant decisions about their child’s life, such as education, healthcare, and religious upbringing. Parents can have joint legal custody or one parent can have sole legal custody, as determined under Massachusetts General Laws Chapter 208, Section 31.
- Physical Custody Physical custody concerns where the child lives and which parent is responsible for the child’s daily care. Like legal custody, physical custody can be shared between parents (joint physical custody) or granted solely to one parent (sole physical custody).
Massachusetts courts consider several factors when determining child custody arrangements, including the child’s best interests, each parent’s ability to provide for the child’s needs, the child’s relationship with each parent, and any history of domestic violence or substance abuse. Massachusetts General Laws Chapter 208, Section 31 outlines the factors courts must take into account when making custody determinations.
Understanding the various types of child custody arrangements under Massachusetts law can help parents navigate the legal process and make informed decisions about their child’s care and well-being.