Custody

If the parents are married and have not gotten a custody order, both spouses automatically share legal custody of the child until a judge says otherwise.¹ This means that both you and your spouse have the right to make major decisions about your child’s life.

If the parents were never married, and there is no custody order in place, the person who gave birth to the child has sole legal and sole physical custody of the child unless a judge orders otherwise. Unlike most other states, this is true even if the other parent’s parentage has been established in court or through a voluntary acknowledgment of parentage. The person who gave birth to the child is still considered to have custody, unless and until the other parent files for, and receives, shared or sole custody in court.²

However, if you are considering moving out of state with your child, and the other parent disagrees, please talk to an attorney who specializes in custody to figure out whether or not you need the court’s permission first. Go to MA Finding a Lawyer for legal referrals.

¹ M.G.L. 208 § 31
² M.G.L. 209C § 10(b)