What types of child custody are there in Massachusetts?

There are different types of child custody in Massachusetts. The law in Massachusetts does not favor the mother or the father. Both are considered as equally suited for child custody.

De facto or temporary custody refers to the custodial arrangement at the time of filing of the divorce papers. This arrangement is not court ordered. If at the time of filing for the divorce, you want this arrangement to continue, you should get an order of temporary custody.

Before understanding the types of custody, you need to understand that there are two forms of child custody – legal and physical. Physical custody means actual physical custody. Legal custody means the right to take long terms decision about the upbringing of the child such as health care, education, etc.

There are three basic types of child custody in Massachusetts – sole, split and joint. When one parent is given the sole custody of the child, it means that the parent has both legal and physical custody. In case of split custody, one parent has the legal custody and the other parent has the physical custody. The third type of child custody is joint custody. It is a complex type of custody. There are different types of joint custody. In one type of joint custody, one parent has physical custody of the child but both parents share the legal custody. Another type of joint custody is where one parent has the legal custody but both parent share the physical custody of the child. The third type of joint custody is where both parents share legal and physical custody.

If you want to seek child custody in a divorce proceeding, consult with an experienced Massachusetts divorce attorney. The attorney can advise you on the various types of child custody.