Massachusetts Custody & Parenting
Current, source-linked Massachusetts custody terminology and rules without imported out-of-state formulas.
Massachusetts terminology
Legal custody
The right to make major decisions for the child (medical, religious, educational).
Physical custody
Where the child actually lives and receives day-to-day care — sole or shared.
Shared custody
Both parents share legal and/or physical custody when it is in the child's best interest.
Parenting time
The time a child spends with a parent; also called visitation.
Core rules
- There is no presumption for or against either parent in a custody action between parents
- Custody is decided on the child's best interests by considering all relevant factors (M.G.L. c. 208 § 31)
- The court considers evidence of abuse as a factor contrary to the child's best interests (M.G.L. c. 208 § 31A)
- No party receives a preference based on gender
- There is no fixed 50/50 presumption and no overnight formula that converts a schedule into a custody right
- In contested cases the court may require mediation
Support and modification cautions
Massachusetts uses the Income Shares model for child support — not a flat percentage of one parent's income. The court combines both parents' income and reads the basic obligation from the schedule (M.G.L. c. 208 § 28 / 2025 MA Child Support Guidelines, eff. 12/1/2025). A custody order may be modified upon a material and substantial change of circumstances necessary in the child's best interests (M.G.L. c. 208 § 28).
Always confirm current local forms, fees, and filing procedure with the Massachusetts Probate and Family Court clerk handling your case.