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Massachusetts Child Custody Factors

In Massachusetts, the court will examine whether any member of the family abuses alcohol or other drugs or has deserted the child and whether the parties have a history of being able and willing to cooperate in matters concerning the child.

A child custody agreement shall contain the following, 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 - Chapter 208 - Sections: 28 and 31)

In Massachusetts, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they canít, the court will do it for them. You can also read more about Massachusetts child custody in the Massachusetts state statutes located at: http://www.state.ma.us/.