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Making a Difference for Our Massachusetts Clients

Suppose you are a parent preparing to divorce your child’s other parent. In that matter, it’s only natural to want to secure as many custody and visitation rights as you possibly can. Unfortunately, it’s easy for some divorcing parents to slip into the trap of using custody as leverage, and this tactic rarely works in any positive way. The right Massachusetts child custody lawyer can help you focus on what is most important in your divorce and build a solid case for custody of your children. 

O’Connor Family Law has years of combined experience helping families keep their priorities at the forefront during a divorce or other scenarios where custody issues may arise. In addition, we know how much it means to you, and it means a lot to us as well. 

Contact our Massachusetts child custody lawyer today at 774-703-3755 to find out more regarding your specific family needs and how we can help.

Is Child Custody the Same Across the Board?

There are two legal elements of child custody that are determined during the process of divorce. One of them is physical custody; the other is legal custody.

Physical Custody determines where the child will live. There is joint physical custody, where the child shares time living in both parents’ homes, or sole physical custody, which means the child will remain at one home for the majority of the time upon the finality of the divorce. Typically, courts like to see that both parents remain active in the children’s lives, so joint custody is most common. The courts are objective in their decisions but always keep the best interest of the child as the priority, and as they see it, both parents involved while the child grows up is best. This does change, however, if the physical location is of concern (meaning the child will spend an excessive amount of time traveling between homes), if there is a history of abuse, or if one parent is unreliable or unable to care for the children.

Legal Custody covers a wide variety of factors, including educational decisions, religious affiliations, medical care, mental health care, and extracurricular activities. Similar to Physical Custody, Legal Custody can be shared as joint legal custody or deemed as sole legal custody. As in the case of Physical Custody, courts prefer to have both parents involved in making the decisions if they are both capable of doing so and it is in the best interest of the children

Who Can File for Custody?

Either or both parents can file for joint or sole custody of the children, provided they have lived in the state of Massachusetts for six months (referred to as the “home state rule”). There may be exceptions to this rule when/if the children have lived with a parent in another state prior to filing for custody. If the parents aren’t married, the father must prove paternity prior to seeking custody of the children if the father has not signed the birth certificate.

Is Massachusetts a 50/50 Custody State?

Yes, Massachusetts is a 50/50 custody state. This means that the court will generally award joint physical custody to both parents, unless there is a reason why this would not be in the child’s best interests. Joint physical custody means that the child spends significant time with both parents, usually at least 35% of the time with each parent.

There are several factors that the court will consider when deciding parenting time and whether to award joint physical custody, including:

• The child’s age and needs
• The parents’ parenting skills
• The parent’s relationship with the child
• The parent’s ability to cooperate
• The child’s wishes, if they are old enough to express them

If you are going through a divorce in Massachusetts and seeking joint physical custody, it is crucial to speak with a lawyer. Our Massachusetts child custody attorneys can help you to understand your rights and to advocate for your child’s best interests.

Do Children Have a Say in Where They Will Reside? 

In the state of Massachusetts, children aren’t generally allowed to “choose” where they want to live until the age of 18. That being said, courts do consider a child’s preference in custody when the child is mature enough to have a knowledgeable opinion. Typically, a child below the age of 12 would need to be incredibly mature for the judge to give weight to their opinion; however, there is no specific age (prior to 18) at which the judge will take the child’s opinion more seriously. The child’s opinion is also not the only factor in the decision; it is just one aspect factored in along with the other items listed above that is taken into consideration upon determining physical and legal custody.

What Makes a Parent Unfit in Massachusetts?

In Massachusetts, a parent is to be considered unfit if there is evidence that they have: 

• Abused or neglected their child
• Abandoned their child
• Had a violent criminal history
• Had ongoing substance or alcohol abuse issues
• Had a pattern of erratic behavior, emotional volatility, and poor decision-making skills

What Happens When a Parent Violates a Visitation Agreement in MA?

Navigating co-parenting after a separation or divorce requires cooperation and adherence to court-approved parenting plans. In Massachusetts, a visitation agreement—legally referred to as a parenting time schedule—is a binding court order. When one parent willfully denies the other parent their court-ordered time, or repeatedly fails to follow the schedule, it can disrupt the child’s stability and trigger significant legal consequences.

Understanding Contempt of Court

If a parent violates a clear and unambiguous visitation order, the aggrieved parent can file a Complaint for Contempt in the Massachusetts Probate and Family Court. To succeed in a contempt action, the filing parent must prove two things: first, that there was a clear and unequivocal court order in place, and second, that the other parent willfully disobeyed that order. Simply having an informal, verbal agreement between parents is usually not enough; the schedule must have been officially approved by a judge to be enforceable through contempt proceedings.

Potential Legal Consequences

When a Massachusetts judge finds a parent in contempt for violating a visitation agreement, the court has broad authority to enforce the order and penalize the non-compliant parent. The primary goal of the court is to ensure the child maintains a healthy relationship with both parents, rather than simply punishing the offending party. Common remedies include:

• Make-Up Parenting Time: The judge will frequently order that the denied parent receive additional visitation hours or days to compensate for the time lost.
• Modification of the Custody Order: If violations are severe or ongoing, the court may view the behavior as a refusal to foster a relationship between the child and the other parent. This can result in a modification of the parenting plan, potentially reducing the violating parent’s time or even shifting primary physical custody.
• Financial Penalties: The court may order the violating parent to pay the legal fees and court costs incurred by the other parent in bringing the contempt action.
• Parenting Classes or Counseling: Judges may mandate that the offending parent attend co-parenting education programs or family therapy to resolve underlying conflicts.

In extreme, rare cases where a parent blatantly and repeatedly defies court orders, a judge can impose fines or even jail time, though incarceration is generally a last resort because it negatively impacts the child.

Steps to Take After a Violation

If your co-parent violates your visitation agreement, it is vital to remain calm and avoid taking matters into your own hands. Do not withhold child support in retaliation, as Massachusetts courts treat child support and parenting time as completely separate legal obligations. Withholding support will only put you in violation of a court order as well.

Instead, document every single violation thoroughly. Keep a detailed log noting the dates, times, and specific circumstances of the missed visits, and save all relevant text messages, emails, or voicemails. If communication fails to resolve the issue, consult a Massachusetts family law attorney to discuss filing a Complaint for Contempt or a Complaint for Modification to protect your parental rights.

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Alcohol Monitoring Options for Parenting Cases

For parenting cases that involve concerns about alcohol use, we can incorporate the Soberlink program when appropriate. This system provides alcohol testing for parents who need to demonstrate that they are abstaining from alcohol to ensure the safety and well-being of their child.

Speak with a Child Custody Attorney

Custody can be a significant part of a divorce. If you need to speak with a Massachusetts child custody lawyer, please contact our firm today. We are here to help guide you through the entire process.

Last Updated: November 2026