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Are child wishes considered in Massachusetts child custody cases?

On Behalf of | Jun 9, 2025 | Divorce |

Child custody decisions in Massachusetts focus on the child’s best interests. Unlike other states, Massachusetts does not consider the child’s wishes directly in custody cases. Understanding the factors that influence these decisions can help parents prepare for hearings.

Custody types in Massachusetts

Massachusetts recognizes several custody types. Sole legal custody grants one parent decision-making authority over the child’s life. Shared legal custody allows both parents to share these responsibilities. Sole physical custody allows the child to reside with one parent, granting the other parent visitation rights. Shared physical custody ensures the child spends time with both parents.

How courts determine best interests

Massachusetts courts prioritize the child’s safety and well-being. Judges assess factors that impact the child’s life. They examine the child’s relationship with each parent and siblings. The court considers each parent’s ability to provide a stable environment and meet the child’s needs. The mental and physical health of everyone involved is crucial. Judges also look at past behaviors, including any history of abuse or neglect.

Although Massachusetts does not consider the child’s wishes directly, it weighs other elements to ensure the child’s best interests. The court’s focus remains on creating a safe and nurturing environment for the child.

Seeking legal guidance

Disagreements over custody can arise during separation. Consulting an experienced family law attorney can provide clarity. An attorney helps you understand the legal process and ensures the custody plan serves the child’s best interests.

Massachusetts courts focus on the child’s best interests without directly considering their wishes. Understanding the factors involved in custody decisions can help parents approach hearings with informed expectations. Seeking legal advice ensures parents protect their child’s well-being throughout the separation process.