Either or both parents can file for sole or shared custody in Massachusetts. For information about child custody when you're not a parent, please see information about caregivers and guardians.
If the parents were never married, the parents must establish paternity first before asking for child support or for the father to ask for custody of the child.
A judge may establish paternity if one parent files for paternity in court, or if both parents sign and file a voluntary acknowledgement form, which the father may have already signed when the child was born.
Your child must have lived in Massachusetts for at least 6 months immediately before you file for custody. This is called the home state rule. There may be exceptions to the home state rule when the child has lived in a different state with 1 parent. You should talk to a lawyer if you have questions about whether Massachusetts is the right state to file your case. To find legal assistance resources, go to Legal Assistance.
Child custody orders can be arranged after a divorce for children up until the child turns:
- 21 years old if the child lives in a parent's home and is still principally dependent on the parent
- 23 years old if the child lives in a parent's home and is still principally dependent on the parent because they're enrolled in an educational program