Whether going through a divorce or a breakup with kids, you must decide how to share custody of your children. When determining a parenting plan to co-parent with your ex, you must figure out where the child will live and who will make important decisions regarding the child’s upbringing. One of the most common questions is whether Massachusetts is a 50/50 custody state. This refers to an equal division of custody between parents. If you’re facing a child custody battle, you must understand the different custody arrangements available, as this is a life-altering deicsion that will impact your relationship with your children. Please continue reading to learn when joint custody is awarded in Massachusetts and how our trusted Bristol County Child Custody Lawyers can help safeguard your parenting time. 

Is Massachusetts a 50/50 Custody State?

Massachusetts custody laws are broken down into two distinct categories: legal custody and physical custody. Legal refers to a parent’s right to participate in making significant decisions regarding their child’s upbringing. Physical custody, on the other hand, refers to when a child resides with or is under the care and supervision of a parent. It’s important to understand that the court can award sole or joint legal or physical custody or a combination of both. In a 50/50 or shared custody agreement, both parents are mutually responsible for and can make decisions regarding the child’s welfare. The child will spend an equal amount of time residing with each parent.

However, child custody is not a 50/50 default judgment in Massachusetts. The court will not automatically apply a 50/50 custody rule as they must ensure the arrangement would be in the child’s best interests. In Massachusetts, the courts follow “the best interest of the child” standard to ensure the child’s well-being. A judge will weigh various factors to determine the best arrangement for the children. Some of the factors the court will take into account when determining custody include:

  • The number and age of the children
  • Each parent’s ability to provide for the child
  • The child’s relationship with each parent
  • Each parent’s willingness to foster a continuing relationship between the child and the other parent
  • Both parents’ fitness
  • The geographical proximity of each parent’s home
  • Whether the parents have a history of domestic abuse or child neglect
  • The child’s preference (if sufficient age)
  • Any other relevant factors

As you can see, 50/50 custody will not be automatically granted as the court must ensure this arrangement is in the child’s best interests. However, this custody arrangement offers several benefits, allowing both parents to remain active participants in their children’s lives. The courts often favor 50/50 custody. If you’re considering a joint custody agreement, please don’t hesitate to contact The Law Offices of Cynthia L. Hanley, P.C., who can help protect your rights and the future relationship between you and your child.