Massachusetts Child Custody and Parenting Laws
In Massachusetts, a child as young as nine years old can state a preference as to which parent s/he wishes to live with, and the Court can consider that preference. But that does not mean the Court is going to honor the child’s stated wishes. When does that change? The answer depends upon the facts of the case, how mature the request is from the child, and, of course, the child’s age. Over the years, at Newburyport Family Law, we have been successful in obtaining judgments that moved children as young as twelve, at the child’s request, from a primary residence with one parent to a residence with the other parent. But in truth, we have tried that as to children that young only twice. We succeeded in both cases, but there were multiple reasons that may or may not exist in your case.
Our success rate in changing the primary residence for older children is fairly high. But we generally will not commence such an action unless we believe there is a good chance the Court will ultimately enter the judgment we are seeking because these cases can be highly disruptive to a family and damage (sometimes permanently) the relationship between the child and the parent s/he is leaving.
Massachusetts Age of Majority
Legally, in Massachusetts, a child reaches the age of majority when the child attains age eighteen, at which point neither parent has custody, and the child can choose where to live. So, what happens between twelve and eighteen? Again, that depends. The older the child, the more likely a Court will place emphasis on a child’s wishes. At seventeen, a child wishing to change residences is likely to be allowed to do that. Unless of course the idea is in one home the child can play video games all day and in the other they are required to attend school.
Who Files the Case?
It is important to keep in mind that these cases are initiated by the parent with whom the child wishes to reside, not the child. And these cases can be very expensive. Usually, the Court will appoint a Guardian ad Litem to investigate the reasons behind the child’s wishes and report to the Court as to what they are, and possibly even make a recommendation as to whether the child should be moved. A Guardian ad Litem often charges as much or more than the attorney handling the case, and the parent seeking the change may be ordered to pay these additional fees in full.
Does Custody Also Change?
It is important to keep in mind this discussion is about where the child will live – known as the parenting plan. This is what many people know as physical custody. Legal custody (which gives one parent or the other the right to make decisions as to a child’s education, healthcare and moral or religious development) may not change. In the end, the two parents who have engaged in a court battle over where the child will reside may still have to work cooperatively with regard to where the child will attend school, whether the child will adhere to certain religious practices, and so on.
At Newburyport Family Law, we have extensive experience in matters pertaining to both child custody and parenting plans. For more information, click here.