CHILD CUSTODY:
There are two kinds of custody in Massachusetts: physical custody and legal custody.

Physical custody refers to the child's residential living arrangements. The child may primarily reside with one parent and visit with the other parent, or the child may spend approximately equal time in the care of each parent. Living arrangements and visitation schedules must be carefully tailored to the particular circumstances of the family implementing them, with careful attention paid to promoting stability and continuity for all members of the family.

Legal custody refers to the rights each parent has with respect to medical, religious, educational and other decisions which must be made on behalf of the children. Legal custody may be given to one parent (sole legal custody) who will then make the medical, religious and educational decisions on behalf of the children, or may be shared by both parents (joint legal custody) who will make such decisions cooperatively.

Where the parties disagree about issues of custody, the Court will award custody by determining the arrangement that is in the best interest of the child. Issues for consideration include each parent's historic involvement with the children and the parents' respective ability to communicate, cooperate and function as effective co-parents.

CHILD SUPPORT:
The court may order either parent to provide maintenance, support, health insurance, and education for any minor child. The court presumes that child support is appropriate where the child resides with one parent in excess of 5 days each week, or where there is a significant disparity in the respective income of the parents, but has discretion to award or deny support, as justice requires.

In order to determine the appropriate amount of support to be paid, Massachusetts has developed Child Support Guidelines for application in cases where combined gross income of both parties is less than $135,000 and where the gross income of the non-custodial parent is less than $100,000. The Child Support Guidelines take into consideration the following factors:

• The non-custodial and custodial parents' respective incomes;
• the age(s)of the child(ren);
• child care costs, if any;
• medical insurance costs for the child(ren)’s benefit, if any; and
• costs of support paid to prior families (i.e., support paid by the non-custodial parent for children of a prior relationship).

The Child Support guidelines have a broad definition of income, including salaries and wages, income from self-employment, commissions, severance pay, Social Security, lottery winnings, prizes or awards, net rental incomes and spousal support provided by a person who is not a party to the order.

All material on this site is intended for general information purposes only and does not constitute legal advice. For legal issues that arise, the reader should consult legal counsel. Responses to inquiries whether by e-mail, telephone or other means do not constitute legal advice nor do they create or imply the existence of an attorney-client relationship.

The material in this web site may be considered advertising under Massachusetts Supreme Judicial Court Rule 3:07