Ma Divorce Law For Child Custody
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If the parents aren't married ? The mother has sole legal and physical custody of her child until a court orders otherwise.
To get sole custody in Massachusetts, The court system in Massachusetts must be petitioned if you are to gain sole custody. In addition to the reasons you feel your partner is unfit or a danger to the child, you must be prepared to present to the court why you should be the sole custodian of the child.
Under Massachusetts law, a minor child (under the age of 18) does not have the right to choose which parent to live with. The decision can be made by the divorcing co-parents if they are able to come up with a custody agreement that is in the child's best interest.
A common question we get is "Is MA a 50/50 divorce state?" No. The state of Massachusetts is not a 50/50 state or a community property state.