Custody And Parenting Time
G.L. c. 208, § 31 — parents' rights equal, and the child's happiness and welfare decide
Equal rights, absent misconduct. In Massachusetts, in a custody order or judgment the rights of the parents are held to be equal, absent misconduct, and the happiness and welfare of the children decide custody, including whether their living conditions adversely affect their health.
| Kind | Meaning |
|---|---|
| KindSole legal custody | MeaningOne parent makes major decisions about education, medical care and moral and religious development |
| KindShared legal custody | MeaningBoth parents stay involved in those decisions |
| KindSole physical custody | MeaningThe child lives with one parent, with reasonable visitation by the other unless that is not in the child's best interest |
| KindShared physical custody | MeaningThe child lives with each parent for periods, with frequent and continued contact with both |
While a case is pending, absent emergency, abuse or neglect, the parents have temporary shared legal custody, unless the judge finds in writing that it would not be in the child's best interest. There is no presumption of temporary shared physical custody.
Sources for this section (1)
- G.L. c. 208, § 31 — Custody of children
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.