Massachusetts Child Custody Factors
- The rights of the parents shall, in the absence of misconduct, be held to be equal.
- 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.
- At the trial on the merits, if the issue of custody is contested and eitehr parts seeks shared legal or physical custody, the parties, jointly or individually, shall submit to the court at the trial a shared custody implementation plan setting forth the details of shared custody including, but not limited to, 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.
Massachusetts General Laws 208-31
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