Massachusetts Child Custody State Law

Annotated Laws of Massachusetts, Chapter 208, Section 31 (AL.M., Ch. 208, Sec. 31).

In a custody case, the rights of the parents shall, in the absence of misconduct, be held to be equal, and the happiness and welfare of the children shall determine their custody. When considering the happiness and welfare of the child, the court shall consider whether or not the child’s present or past living conditions adversely affect his physical, mental, moral or emotional health. During the pendency of a custody case, absent emergency conditions, abuse or neglect, the parents shall have temporary shared legal custody of any minor child of the marriage; but the judge may enter an order for temporary sole legal custody for one parent if shared custody would not be in the best interest of the child. A parenting plan for shared legal or physical custody, should include: the child’s education; the child’s health care; procedures for resolving disputes between the parties with respect to child-raising decisions and duties; and the periods of time during
which each party will have the child reside or visit with him, including holidays and vacations, or the procedure by which such periods of time shall be determined. Where the parents have reached an agreement providing for the custody of the children, the court may enter an order in accordance with such agreement, unless specific findings are made by the court indicating that such an order would not be in the best interests of the children.

Fathers Rights Blog | Child Custody State Law List .. Above info from a 2004 legal publication.
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