Massachusetts laws
MGL c. 208, § 28 Care, custody and maintenance
MGL c. 208, § 28A Temporary care
MGL c. 208, § 29 Minor children, foreign divorces
MGL c. 208, § 30 Removal of child from state
MGL c. 208, § 31 Shared custody
MGL c. 208, § 31A Consideration of abuse
MGL c. 208, § 32 Bringing child before court
MGL c. 209, § 38 Visitation and custody orders; consideration of abuse toward parent or child; best interest of child
MGL c. 209B Uniform Child Custody Jurisdiction Act
MGL c. 209C, § 10 Award of custody; criteria
St. 2024, c. 166 An act to ensure legal parentage equality
Court rules and orders
Guidelines and standards
Guidelines for professional parenting time supervisors, Mass. Probate and Family Court (Effective June 20, 2023)
Guidelines for court investigation reports, Juvenile Court Department, March 9, 2020.
In a care and protection proceeding, a judge must have as much relevant information available as possible. One important source of information is the report of the court investigator, because it provides the court with useful information that otherwise may not be presented by any of the parties in the proceedings.
Standards for Category F guardian ad litem investigators, Executive Office of the Trial Court, January 2005.
A Category F Guardian ad Litem investigator (GAL) is appointed by the Probate and Family Court to investigate facts in cases involving the care and custody of minor children and other matters that implicate the interests or rights of children.
Selected cases
Forms
See the following pages for forms and additional information on court procedure:
Web sources
General information
Child custody: Family law advocacy for low and moderate income litigants, 3rd ed., Mass. Legal Services., 2018.
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.
Custody guide for child caregivers, Mass. Court Improvement Program.
This guide is designed for anyone who is, or may become, a caregiver for a child in Massachusetts.
FAQs about divorce, Alan Pransky.
Answers questions such as What is joint custody? My spouse and I don’t agree on child custody and visitation issues. How will the court decide these issues? My child wants to live with my spouse. Will the court decide custody based on my child’s wishes? My spouse and I separated, and the children are with my spouse. Can I see the children? I have custody of my children, and I want to move to another state. Can I just take the children and move? Custody questions begin at #22.
Overview of custody, parenting time, and visitation, Mass. Legal Help, 2024.
This page includes information and answers to many common questions about child custody, parenting time, and visitation.
Supervised visitation, Mass. Legal Help, 2024.
"Sometimes, it may not be safe to leave your child alone with a parent during visitation. In these situations, the court can order supervised visitation." See also a list of Supervised Visitation Centers throughout Massachusetts.
Moving away
Leaving Massachusetts: Family law advocacy for low and moderate income litigants, 3rd ed., Mass. Legal Services, 2018.
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.
Parenting and parenting agreements
Helpful readings toward the understanding of family changes by Robert A. Zibbell, 2015.
"An annotated bibliography and resource list for divorce or separated parents and their children. This collection was part of a project of public information initiated by the Hampshire County Probate and Family Court in Northampton, MA."
Planning for shared parenting: A guide for parents living apart, Mass. Association of Family and Conciliation Courts.
The section which describes optimal arrangements by child's age is particularly helpful.
Up to parents.org
Resources for parents who are separated, divorced, or never married each other (not specific to Massachusetts). The site provides advice and information in video form.
Print sources
Being a great divorced father: Real-life advice from a dad who's been there by Paul Mandelstein, Nolo, 2010.
Building a parenting agreement that works: Child custody agreements step by step, Nolo, 2022. (eBook available with library card)
Child support & custody update, MCLE, 2018.
DCF case practice policy and procedures manual, Department of Children and Families, 2008, with updates. Policies are available online.
Family law & practice. 4th ed. (Mass. Practice v.1, 2, 2A, 3), Thomson Reuters, 2013 with supplement. Chapters 61-65.
Handling interstate removal cases, MCLE, 2010.
How to try a removal case, MCLE, 2013.
LexisNexis practice guide, Massachusetts family law, LexisNexis, annual. (2025 eBook available with library card)
Chapter 8: Custody and visitation provides an overview of the law regarding child custody and visitation in Massachusetts and includes relevant case law.
Massachusetts domestic relations, LexisNexis, 2019 with updates. (eBook available with library card)
Chapter 8 covers custody of minor children, whether to a parent, grandparent, or other relative or non-relative. In includes discussion of the “best interest of the child” standard and other factors such as parental conduct the Court considers in making a custody determination.
Nolo's essential guide to child custody & support by Emily Doskow, Nolo, 2021. (2024 eBook available with library card)
Principles of the law of family dissolution, analysis and recommendations, the American Law Institute, 2002 with updates.
Chapter 2 discusses parenting plans, allocation of custodial and decision making responsibilities and provides helpful illustrations.
Contact
Online
| Last updated: | March 11, 2025 |
|---|