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Massachusetts Law About Child Custody and Visitation

Massachusetts Laws

Court Rules

Probate and Family Court Standing Order 4-08: Parent Education Program Attendance

Forms

Child Custody Forms

Selected Cases

A.H. v. M.P., 447 Mass. 828 (2006). A woman who never adopted the child of her same-sex partner, "although she was well aware of the importance of doing so," and was not the primary caretaker for the child, did not have a legal right to visitation or a support agreement as a "de facto parent." Further, the court declined to adopt a "parent by estoppel," theory as defined in the ALI Principles of the Law of Family Dissolution ยง 2.03 (2002). saying, in part, "the parent by estoppel principle is a most dramatic intrusion into the rights of fit parents to care for their child as they see fit." and "parent by estoppel status is most appropriate where "adoption is not legally available or possible.""

E.N.O. v. L.M.M., 429 Mass. 824 (1999). De Facto Parents. "A child may be a member of a nontraditional family in which he is parented by a legal parent and a de facto parent. A de facto parent is one who has no biological relation to the child, but has participated in the child's life as a member of the child's family. The de facto parent resides with the child and, with the consent and encouragement of the legal parent, performs a share of caretaking functions at least as great as the legal parent." In this instance, the court may order visitation for the de facto parent.

Mason v. Coleman, 447 Mass. 177 (2006). In order for a parent who shares joint physical custody to move out of state, s/he must meet a higher standard than a parent who has sole physical custody. "The importance to the children of one parent's advantage in relocating outside the Commonwealth is greatly reduced." Applying the "best interests of the child" test, the court determined that the mother would not be permitted to move out of state.

Other Web Resources

General Information

Child Custody: Family Law Advocacy for Low and Moderate Income Litigants, 2d ed., 2008, chapter 9. Online version of a great book includes information on differences between married and unmarried parents, types of custody arrangements, how a judge decides, changing custody orders, and necessary procedures, including checklists and sample forms. New!

Child Custody and Visitation, Massachusetts Legal Help. This page includes information hard to find elsewhere, including: If I haven't been to court, who has custody of the children?, Visitation Schedules, Visitation and Child Support: Is There a Connection?, and more.

How to File Papers in Essex Probate and Family Court, Neighborhood Legal Services. Includes detailed information on what Probate Court does, how to file, where to file, and over 70 pages of sample filled-in forms.

Massachusetts Child Custody FAQ, Divorcenet.com. A commercial web service contains simple answers to many child custody questions.

Who Will Get Child Custody in Divorce?, Mass. Bar Association. A discussion of the factors the courts consider when awarding custody.

Guardians Ad Litem

Juvenile Court Department Guidelines for Court Investigator Reports, Committee for Public Counsel Services. Guidelines include the conduct of GAL investigations, appropriate content for GAL reports and more.

Standards for Category F Guardian Ad Litem Investigators, Mass. Probate and Family Court. Standards define the role of a GAL, compensation, professional performance, investigation and reporting requirements.

Moving Out of State

Leaving Massachusetts: Family Law Advocacy for Low and Moderate Income Litigants, 2d ed. 2008, Chapter 12. Mass. Legal Services. Online version of a great book, this chapter covers all the details of an action to move out of state with your child, or to prevent the other parent from moving. Includes sample forms. New!

Mediating a Child Removal Case, Divorcenet.com. A discussion of the difficult issue of moving out of state, and how mediation can bring the parties to a better understanding.

Moving On and Moving Away, Divorcenet.com. Frequently asked questions about moving out of state are answered in a simple format.

Parenting and Parenting Agreements

Always Dad: Being a Great Dad During and After Divorce, Nolo, 2006. Talks about how to get through and past the divorce process in a positive manner so you can still be a great dad to your children. Requires Library Card for access.

Building a Parenting Agreement That Works: How to Put Your Kids First, Nolo, 2007. All about creating and working with your parenting agreement, includes sample forms. Requires Library Card for access.

Planning for Shared Parenting: A Guide for Parents Living Apart, Massachusetts Chapter of the Association of Family and Conciliation Courts (AFCC). Particularly helpful is the section which describes optimal arrangements by child's age.

Print Sources

Child Custody and Support, MCLE, 2008.

DCF Case Practice Policy and Procedure Manual, Dept. of Children and Families, 2008.

Massachusetts Practice v.2A (Family Law and Practice), 3d ed., c.47, ThomsonWest, 2002 with supplement.