The child custody laws and guidelines for Massachusetts are found in The General Laws of Massachusetts Chapter 208 Section 31. The following points of law are especially applicable as parents create a Massachusetts parenting plan and Massachusetts custody agreement.
1. Either parent may be awarded custody. Section 31 explicitly states that “custody may be awarded to either parent”. Neither parent should just assume that they will get custody because they are the mother or father. When deciding who the custodial parent will be, parents should decide based on what is best for the child. If both parents want to stay involved, they can create a joint Massachusetts custody schedule that gives plenty of time to each parent.
2. Shared custody is an option. The rule is very clear that the court does not have a preference for or against shared physical or legal custody. However, parents who want a shared custody arrangement will be able to have it in Massachusetts. Shared custody doesn’t mean that both parents get exactly the same amount of time with the children, rather it means that both parents contribute and are involved in raising the children. The Massachusetts Association of Family and Conciliation Courts have produced a brochure called Planning for Shared Parenting: a Guide for Parents Living Apart. This can be very helpful in creating the right shared Massachusetts visitation schedule for different aged children.
3. Everything should be done in the child’s best interest. The court considers the happiness and welfare of the child in every custody decision. The parents should also make this the focus of their parenting plan and custody schedule.