Do Mothers Always Get Custody of the Children in Massachusetts?

Do Mothers Always Get Custody of the Children in Massachusetts?


It is an unfortunate and popular myth that fathers are never awarded custody of their children.  Many years ago, there was a Massachusetts law that gave preference to mothers when determining the custody of young children. However, it is an outdated law and is no longer applied in any Massachusetts courts. Current Massachusetts custody laws are gender neutral and based upon the best interest of the child standard.

Is it True Fewer Fathers Have Custody in Massachusetts?

As a practical matter, Massachusetts child custody arrangements tend to be based upon the obligations and lifestyles of the parents. During the course of most relationships, a natural division of responsibilities arises. Breadwinning realities and expectations often require one parent to be out of the home more than the other. In the past, this may have led to increased rates of custody awards to mothers because fewer women were in the workplace.

More recently, the majority of custody arrangements are determined by agreement between the parents.  In many instances, there is one parent who has greater financial and career responsibilities, while the other has more time available for childrearing. The parents themselves often agree on custody and parenting time based upon their respective schedules.

Typically, the parents will agree that the one who has more available time will have primary physical custody.  It is when the parents don’t agree that a judge must determine with whom the children will spend more time.

Presenting Your Child Custody Case

In Massachusetts, child custody is not about proving that the other parent is a bad parent or that you are the better parent. It is about showing that a particular arrangement is best for your children. You will want to show that you are actively involved in your children’s lives. This includes showing that you are dependable and available to provide for their daily needs. You must show that you have a nurturing and safe home environment.

At Fraier & Maillet, we understand the important and unique role that each parent plays in raising their children.  We will work towards negotiating a fair custody arrangement that provides for ample time with both parents.  We will advocate for the best interests of your children, and when necessary, we will litigate to ensure your rights as a parent are protected.

Written by Jane A. Fraier