Joint vs. Sole Custody in Massachusetts: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

Massachusetts presumes temporary shared legal custody while a case is pending, but at trial there is no presumption for or against shared custody. A pattern or serious incident of abuse reverses the picture.

Is joint custody presumed in Massachusetts?

Only while the case is pending. When an action is filed, and until judgment on the merits, absent emergency conditions, abuse or neglect, the parents have temporary shared legal custody of any minor child, unless the judge makes written findings that shared custody would not be in the child’s best interest; nothing creates a presumption of temporary shared physical custody (M.G.L. c. 208, s. 31). At the trial on the merits there is no presumption in favor of or against shared legal or physical custody, except as provided in section 31A.

What do the custody terms mean in Massachusetts?

Shared legal custody means continued mutual responsibility and involvement by both parents in major decisions on education, medical care and emotional, moral and religious development. Shared physical custody means the child has periods of residing with and being under the supervision of each parent, in a way that assures frequent and continued contact with both (s. 31). Sole custody gives one parent the right to make major decisions, or the child resides with one parent subject to reasonable visitation.

What is the standard the court applies in Massachusetts?

In making an order on custody, the rights of the parents are held to be equal in the absence of misconduct, and the happiness and welfare of the children determine custody; the court considers whether the child’s present or past living conditions adversely affect the child’s physical, mental, moral or emotional health (s. 31).

What is a shared custody implementation plan in Massachusetts?

If custody is contested and either party seeks shared legal or physical custody, the parties submit a plan at trial with the details: education, health care, procedures for resolving disputes, and the periods of time the child resides with or visits each parent, including holidays and vacations. The court may accept, modify or reject the plans and issue a sole custody award instead (s. 31).

What does abuse do in Massachusetts?

The court considers evidence of past or present abuse toward a parent or child as a factor contrary to the child’s best interest, and a finding by a preponderance that a pattern or serious incident of abuse occurred creates a rebuttable presumption that sole, shared legal or shared physical custody with the abusive parent is not in the child’s best interests (s. 31A). A restraining order alone is not a pattern or serious incident, and a court that orders shared custody despite a restraining order must make written findings (ss. 31, 31A).

How does custody connect to support in Massachusetts?

An award of shared legal or physical custody does not affect a parent’s responsibility for child support, and a shared custody order is not by itself grounds to modify support without demonstrated economic impact (s. 31). Count your schedule with the Massachusetts parenting time calculator and run the Massachusetts child support calculator.

Can the parents agree in Massachusetts?

Yes. Where the parents have agreed on custody the court may enter an order in accordance with the agreement unless it makes specific findings that the order would not be in the children’s best interests (s. 31). Shared custody terms in an agreement count as an implementation plan.

Frequently asked questions

Official sources

• M.G.L. c. 208, s. 31: custody; shared custody implementation plans
• M.G.L. c. 208, s. 31A: abuse and custody
• M.G.L. c. 208, s. 30: removal of minor children from the commonwealth
• Massachusetts Child Support Guidelines

This is general information, not legal advice. It is based on the cited Massachusetts statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Massachusetts attorney.