The issue of child custody is often the most important aspect of a divorce or separation of the parties. The Court will consider the best interests of the child(ren) when awarding custody. Also inherent in the issue of custody is the award of child support. Massachusetts has Child Support Guidelines that take into account the income of the parties and their health care and day care expenses when making a child support order.
Physical custody is granted to the parent with whom the child principally resides.
Legal custody grants the parent the right to make major decisions regarding the child, such as medical and educational issues. A non-custodial parent with joint legal custody would have the right to access the child’s medical and educational records.