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Child custody controversies are both difficult and stressful.  They can have significant emotional and physical tolls on the parents as well as the children.  Neither a Mother, nor a Father going through divorce can imagine having to also deal with new parenting/vistiation times. If you are going through a divorce and have children, or you were never married but want to establish custody and a parenting plan, our experienced attorneys at P&P Law can help.  Contact us at 781-246-2000 today to see how we can help.


Types of Child Custody in Massachusetts:


  • Legal custody encompasses which parent shall make decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development. In Massachusetts, the Law presumes shared legal custody by parents , but if shared legal custody is not in the best interests of the child, the court may award one parent sole legal custody instead.


  • Physical custody is about which parent shall be responsible for the day to day care and control of the children, including feeding and extra curricular activioties.  While it is possible for the parents to share joint physical custody, the Court will scrutinize any such parenting plan to ensureany visitation schedule is in the best interests of the children.



In determining legal and physical custody, Courts will look at what is in the best interests of the children.  Courts will consider the following factors:


  • child's preference-if the child is of an age where they can express a legal preference

  • financial stability of both parents

  • each parent's work schedule

  • extended family ties

  • whether DCF has played a role in either parent's household and

  • other factors important to each specific case.


Our attorneys are experienced in all child custody matters and can help you fight to ensure you have the best relationship possible with your children.  Call or email us today.

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