What Factors Do Courts Consider When Deciding Child Custody in Massachusetts

When Massachusetts courts decide child custody, they carefully evaluate multiple factors to determine what arrangement best serves the child’s interests and well-being.

Key Takeaways:

• Massachusetts courts focus on the child’s best interests when making custody decisions, considering many factors.
  
• The courts look at the child’s relationship with each parent, the parents’ ability to care for the child, and the child’s own needs.
  
• Understanding the factors deciding child custody can help parents prepare and work toward an arrangement that benefits their child.

Navigating a contested child custody case in Massachusetts can be confusing and emotional, especially if you’re unsure what the court will consider when making its decision. The truth is, there are a variety of factors the court will take into consideration when deciding child custody, which is why having a dedicated legal team on your side can help you effectively prevent your perspective, qualifications, and the decisions you feel work best for your family. 

As a legal team in Massachusetts representing divorce cases, O’Connor Family Law has helped many parents understand the legal process and the factors deciding child custody to ensure the best possible outcome for their children. When courts evaluate child custody, their main focus is always on the child’s best interests, which means that every decision centers on what will most benefit the child’s physical, emotional, and developmental needs. 

Knowing the key factors deciding child custody can help you approach your case with clarity and confidence, which is where our latest blog can help you.

Understanding Custody Types in Massachusetts

Before diving into the factors deciding child custody, it’s helpful to understand the two main types of custody the court may award:

• Legal Custody: This type of custody refers to the right to make major decisions about the child’s life, including education, health care, and religious upbringing. Legal custody can be joint or sole.
  
• Physical Custody: This type of custody concerns where the child lives and who is responsible for their daily care. Like legal custody, physical custody can be joint or sole.

Sole custody means that one parent has the exclusive right to make major decisions about the child’s life and the child primarily lives with that parent. This arrangement may be awarded if the court finds that the other parent is unable or unfit to provide proper care, or if there are concerns about the child’s safety and well-being.

On the other hand, joint custody involves both parents sharing the rights and responsibilities of raising their child. In joint legal custody, parents collaborate on important decisions like education and healthcare, while joint physical custody means the child spends significant time living with each parent. 

In most cases, Massachusetts courts encourage joint custody arrangements to allow both parents meaningful involvement, unless there’s a reason that such an arrangement would not be in the child’s best interests, such as in cases of abuse or substance addiction.

The Central Focus: The Child’s Best Interests

Massachusetts courts do not use a one-size-fits-all checklist but rather weigh several factors deciding child custody to determine what arrangement serves the child best. The court’s guiding principle is to support the child’s stability, safety, and healthy development.

Here are the primary factors deciding child custody that Massachusetts courts commonly consider:

1. The Child’s Relationship With Each Parent

Courts look closely at the existing bond between the child and each parent. They assess who has been the primary caregiver and the quality of the parent-child relationship. A strong, nurturing relationship is a significant factor favoring custody.

If one parent has been the child’s main caretaker, the court will take that into account.

2. The Ability of Each Parent to Provide Care

The court evaluates each parent’s ability to meet the child’s physical and emotional needs. This standard includes providing food, shelter, medical care, education, and a stable environment.

Courts will also consider the parent’s mental and physical health, employment schedule, and willingness to foster a positive relationship between the child and the other parent. A parent who encourages the child’s relationship with the other parent is generally favored.

3. The Child’s Adjustment to Home, School, and Community

Stability is a high priority when it comes to deciding child custody. Courts assess how well the child is adjusted to their current living situation, including school, friends, and community activities.

If a parent’s custody would disrupt the child’s schooling or social life without good reason, the court may be reluctant to make significant changes to physical custody.

4. Any History of Abuse or Neglect

Safety is paramount in deciding child custody cases. If there is evidence or allegations of domestic violence, child abuse, neglect, or substance abuse by either parent, the court will consider this heavily in deciding custody.

Such concerns can lead to restrictions on custody or supervised visitation to protect the child’s welfare if evidence is able to back up claims of abuse or neglect.

5. The Child’s Own Wishes

While the child’s preference is not the sole factor, Massachusetts courts may give weight to the child’s wishes depending on their age, maturity, and reasoning ability. Generally, opinions given by older children are weighted by the court and can have some sway in determining the arrangement.

Children who are older and more mature may have more influence in custody decisions, but the court always balances these preferences with the child’s overall well-being.

6. The Parents’ Ability to Cooperate

The court looks at whether parents can communicate and cooperate effectively regarding the child’s needs. Joint custody is more likely if parents demonstrate they can work together respectfully.

If parents have a history of conflict, the court may consider whether that conflict could negatively impact the child and may adjust custody arrangements accordingly.

Preparing for Custody Decisions

Understanding the factors deciding child custody can help parents prepare for negotiations or court hearings. Gathering evidence that demonstrates your involvement and care for your child, as well as your willingness to support the other parent’s relationship with the child, can make a positive difference.

Working with a knowledgeable attorney who understands these factors and how the court applies them in Massachusetts is essential to protecting your parental rights and advocating for your child’s best interests.

O’Connor Family Law Can Help With the Child Custody Arrangement That’s Best for Your Family

At O’Connor Family Law, our attorneys have personal experience with divorce and custody issues, giving us unique insight into what families need during difficult times. We are committed to advocating for your family’s best interests and guiding you through the complexities of child custody cases in Massachusetts. If you are facing custody questions or disputes, reach out to schedule a free case evaluation. Our team will listen carefully, explain your options, and work with you to develop a strategy focused on achieving a stable, healthy outcome for your child.