Quick answer: Massachusetts presumes temporary shared legal custody while a case is pending, but at trial there is no presumption for or against shared legal or physical custody, except a presumption against custody with an abusive parent. The child support worksheet has no overnight line: it asks whether time is approximately equal or about two-thirds with one parent.
This Massachusetts parenting time calculator turns a schedule into overnights a year and percentages, and shows which worksheet reference the schedule is nearer, under M.G.L. c. 208, s. 31 and the guidelines at the Child Support Guidelines. Enter the overnights in a 14-day cycle and any extra nights: the result is arithmetic, and the court decides custody and support.
Massachusetts parenting time and custody rules at a glance
| Rule | What Massachusetts says |
|---|---|
| Best interest | The rights of the parents are equal absent misconduct, and the happiness and welfare of the children determine custody (M.G.L. c. 208, s. 31) |
| Temporary custody | Absent emergency, abuse or neglect, the parents have temporary shared legal custody; no presumption of temporary shared physical custody (s. 31) |
| At trial | No presumption for or against shared legal or physical custody, except the abuse presumption (s. 31) |
| Abuse | A pattern or serious incident of abuse creates a rebuttable presumption against sole, shared legal or shared physical custody with the abusive parent (s. 31A) |
| Implementation plan | If custody is contested and a party seeks shared custody, the parties submit a plan covering education, health care, dispute resolution and time with each parent (s. 31) |
| Child support worksheet | Boxes for approximately equal time, approximately 2/3 with one parent or a split; no overnight number (Child Support Guidelines) |
| Moving | A child of divorced parents who is a native or has lived five years in Massachusetts is not removed from the state without the consent of the child or both parents unless the court orders it (s. 30) |
How do custody and parenting time work in Massachusetts?
- Joint or sole custody. See joint versus sole custody in Massachusetts.
- Schedules. See parenting time schedules in Massachusetts.
- Moving with a child. See moving away with a child in Massachusetts.
What does this parenting time calculator check?
You enter the overnights the other parent has in a typical 14-day cycle and any extra overnights a year, such as summer and holidays. The calculator scales the cycle to 365 nights, adds the extras, and shows each parent’s overnights and percentage. Because Massachusetts names no overnight number, it then tells you whether the schedule is nearer the equal reference or the two-thirds reference using a midpoint of 41.7%, which is our simple test and not a legal rule. It does not calculate child support: use the Massachusetts child support calculator for that, and the Massachusetts divorce timeline calculator for the dates of the case.
Frequently asked questions
Does Massachusetts presume joint custody?
Not at trial. There is no presumption for or against shared legal or physical custody, though parents have temporary shared legal custody while the case is pending absent emergency, abuse or neglect.
How many overnights is shared custody in Massachusetts?
The statutes and the child support worksheet name no overnight number; the worksheet uses approximately equal time versus about two-thirds with one parent.
Does shared custody change Massachusetts child support?
An award of shared custody does not affect a parent’s responsibility for support, and the worksheet has a shared box for approximately equal time and costs.
Does domestic abuse affect Massachusetts custody?
Yes. A pattern or serious incident of abuse raises a rebuttable presumption against custody with the abusive parent.
Does this Massachusetts calculator set child support?
No. It counts overnights; the Massachusetts child support calculator estimates the guideline amount.