Massachusetts Divorce with Children
Everything you need to know about divorce with children in Massachusetts — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.
Types of Custody in Massachusetts
Legal Custody
The right to make major decisions about your child's education, healthcare, religion, and welfare.
Physical Custody
Determines where the child lives on a day-to-day basis and the parenting time schedule.
"Best Interests of the Child" Factors
Massachusetts courts consider multiple factors when determining custody arrangements:
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Child Support in Massachusetts
Massachusetts uses an Income Shares Model under the Massachusetts Child Support Guidelines. Both parents' available incomes are combined and each parent's share is proportional to their percentage of the combined income. The 2025 guidelines (effective December 1, 2025) increased the combined income cap to $450,000 per year. For low-income payors earning less than $301/week, support is capped at $15/week; for $302-$391/week, capped at $33/week. The child care cost benchmark was increased to $430/child/week to reflect rising costs.
Official Massachusetts child support calculator →Factors Considered
Additional Forms Required (Children)
| Form | Name |
|---|---|
| OCAJ-1 | Custody/Visitation Affidavit |
| CJ-D 304 | Child Support Guidelines Worksheet |
Mandatory Parenting Course
Massachusetts requires both parents to complete a parenting education course when filing for divorce with minor children.
Under Standing Order 4-08, both parties must register for an approved parent education program within 60 days of service. No pretrial conference or trial will be held until certificates of attendance are filed for each party. Important exception: Parents who file a 1A joint petition are exempt from this requirement. Programs typically cost $50-$100 per parent and last approximately 4-6 hours.
Typical cost: $80
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Divorce.ai helps you create a child-focused parenting plan and prepares all custody-related Massachusetts forms.
What Goes in a Parenting Plan?
A comprehensive parenting plan should cover:
Regular Parenting Schedule
Week-by-week schedule of where the child lives and when transitions occur.
Holiday & Vacation Schedule
How holidays, school breaks, and vacation time are divided between parents.
Decision-Making Authority
Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.
Communication Rules
How the child communicates with the non-custodial parent (phone, video calls, etc.).
Transportation & Exchange
Who handles pickups/dropoffs and where exchanges occur.
Dispute Resolution
How disagreements about the parenting plan will be resolved (mediation first, then court).
Relocation Rules
Notice requirements and procedure if either parent wants to move.
Tips for Protecting Your Children During Divorce
Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.
Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.
Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.
Consider counseling. A child therapist can help children process their emotions during this time.