Parents often hear physical and legal custody used together during a divorce. However, these terms cover separate rights under Massachusetts law.
Physical custody determines where your child lives and who provides day-to-day care. Legal custody grants authority to make major decisions about medical care, school and religious upbringing. State courts look at both concepts separately.
Understanding shared physical custody and day-to-day care
Physical custody sets where your child stays and who watches them on a daily basis. State law defines shared physical custody as an arrangement where your child lives with and stays under the supervision of each parent for set time periods to ensure regular contact.
- Sole physical custody with scheduled visits for the other parent
- Shared physical custody with living and supervision time split between parents
Judges make these decisions based on what best supports the health, safety and daily happiness of your child.
Understanding shared legal custody and major decisions
State guidelines use the term shared legal custody when both parents continue to share decision-making responsibilities for their child.
- Medical choices and mental health care
- School selection and special learning programs
- Religious practices and training
When parents share legal custody, both retain a say in big choices and follow agreed step-by-step plans if a disagreement comes up.
Protect your parental rights during custody proceedings
Custody decisions affect your relationship with your child for a long time. Talking with a legal professional can help protect your rights and draft a clear parenting plan.