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Legal Information: Massachusetts

Custody

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Laws current as of June 25, 2025

Who can file for custody?

Generally, both parents are entitled to file for sole or shared custody from the court. However, if the parents are unmarried, the parent who did not give birth to the child must first establish parentage before seeking legal custody of the child.1 Parentage can be established by in court by filing a parentage petition in court, or outside of court if both parents sign and file what is called a “voluntary acknowledgment form.” You can read more about parentage and how to establish it on MassLegalHelp.org. Note: In 2025, Massachusetts laws substituted the word “parentage” in place of ”paternity.” 

Grandparents may also be able to seek custody of their grandchildren in certain circumstances. See I am the child’s grandparent. Can I get custody or visitation of the child?

1 M.G.L. 209C §§ 10(b); 11

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