07/28/2026
MYTH vs. FACT: Massachusetts Custody
There's a lot of misinformation out there about how custody actually works. Let's clear up three of the most common myths we hear from parents:
❌ MYTH: “Moms automatically get custody in Massachusetts.”�
✅ FACT: Massachusetts law does not favor either parent based on gender. Custody decisions are based on the best interests of the child – courts weigh factors like each parent's relationship with the child, stability, day-to-day caregiving, and ability to co-parent matter far more than who filed first or who the child “usually” stays with. Fathers and mothers start on equal footing!
❌ MYTH: "If we were never married, the mother has permanent full custody."
✅ FACT: An unmarried mother initially has sole custody, but it's not permanent. A father can establish paternity and petition the court for legal custody, physical custody, or parenting time – after which the same best-interests standard applies to both parents.
❌ MYTH: "Once a custody order is in place, it can never be changed."�
✅ FACT: Orders can be modified when there's a material and substantial change in circumstances – a relocation, a shift in a child's needs, a new work schedule, or safety concerns. It's not automatic, but the law recognizes that families change over time.
Every family's situation is different. If you have questions about your custody rights, we're here to help.
📞 (978) 705-7301�
🔗 gaucklawgroup.com
