{"id":373939,"date":"2019-01-03T12:46:22","date_gmt":"2019-01-03T17:46:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-child-custody-modification-and-procedure.html"},"modified":"2019-01-09T12:58:24","modified_gmt":"2019-01-09T17:58:24","slug":"massachusetts-child-custody-modification-and-procedure","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-child-custody-modification-and-procedure.html","title":{"rendered":"Massachusetts Child Custody Modification and Procedure"},"content":{"rendered":"\n
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Massachusetts Child Custody Modification and Procedure<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Massachusetts, all custody decisions are made by the court using the best interests of the child<\/a> standard if parents can’t agree. The issues of residential responsibility, decision-making responsibility, and parenting time<\/i> (visitation) are resolved in a temporary court order or court judgment, depending on the timing and the circumstances of the case. However, this isn’t necessarily the last word on custody; if there are changed circumstances, the court will alter the custody arrangement.<\/p>\r\n

If one or both parents are dissatisfied with a previously entered temporary court order or judgment concerning child custody, then they can request a modification. The specific procedure depends on whether one person is seeking a modification or whether both parties agree that changes should be made. For instance, if one person wants the modification, then they must serve the other person notice of the scheduled hearing date.<\/p>\r\n

Massachusetts Child Custody Modification and Procedure Overview<\/h2>\r\n

While it’s recommended to seek help from counsel for complex cases, it’s also beneficial to read a guide that breaks down the law into plain English. Read the chart below for a basic overview of child custody modification and procedure in Massachusetts.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Massachusetts General Laws:<\/p>\r\n

Standard to Change Custody<\/b><\/p>\r\n<\/td>\r\n

What You Must Show for the Modification<\/i><\/b><\/p>\r\n

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  • A "material and substantial change in circumstances" since the judgment or temporary order was made.<\/li>\r\n
  • The current arrangement is not in the best interests of the child.<\/li>\r\n<\/ul>\r\n

    Material and Substantial Change in Circumstances<\/i><\/b><\/p>\r\n

    This means that it’s relevant to the child’s care and necessary to the child’s welfare and not just a minor change. Examples include, but aren’t limited to the following:<\/p>\r\n

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    • Changes in jobs or work schedules;<\/li>\r\n
    • A parent relocates out of state;<\/li>\r\n
    • A parent is addicted to alcohol or drugs and can’t care for the child;<\/li>\r\n
    • An addicted parent now maintains sobriety; or<\/li>\r\n
    • Incidents of domestic violence have occurred.
      \r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Modification of a Prior Judgment<\/b><\/p>\r\n<\/td>\r\n

If a parenting plan was part of a final judgment in a divorce or paternity matter<\/a>, it must be changed by filing a complaint for modification. A judgment can be modified more than once so long as the reason for the request is based on a significant change in circumstances.<\/p>\r\n

Contents of the Complaint<\/i><\/b><\/p>\r\n

Either parent may file the complaint, but the complaint should include the following:<\/p>\r\n

Modification of a Temporary Order<\/b><\/p>\r\n<\/td>\r\n

The following must be filed for a modification of a temporary order:<\/p>\r\n