Q: Can One Parent Keep a Child From Another Parent Without Court Orders in Massachusetts? A: One parent cannot keep their child from the other parent without a court order unless there are safety issues like abuse.
Joint physical custody is not the norm in Massachusetts. Joint physical custody is typically an arrangement where the parents share equal or nearly equal parenting time.
A letter of agreement between two parents should clearly state the terms of their co-parenting arrangement, including custody, visitation, decision-making responsibilities, and financial obligations. Both parents should sign the letter, which should be notarized to ensure enforceability.
Child custody is determined in Massachusetts either by agreement of the parties, or if the issue is contested, the court deciding what's in the “best interest of the child.” The court considers a number of factors, including the child's bond with each parent, minimizing disruption, history of care-taking responsibility ...
If the parents aren't married — The person who gave birth has sole legal and physical custody of her child until a court orders otherwise.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers. However, this trend is changing as courts increasingly focus on the best interests of the child, considering many factors beyond traditional roles.
By law, when parents are not married, the mother has custody of their child unless a court orders otherwise. A father who has legally established paternity can ask a court to make a decision about custody and visitation. The court will decide what is best for the child. DOR does not handle custody issues.
parenting agreement is a structured written agreement between the people who care for the child or children and they set out what has been agreed in terms of the child arrangements, communication between parents and how parents are involved in the child/children's lives.
A Parenting Plan is a written agreement to support a co-parenting approach that covers the practical issues for your child. It works even better if you involve your child. A Parenting Plan can help because it shows clearly what arrangements and actions you have agreed to meet the needs of your child.