08/27/2026
Custody for Divorced Parents vs. Unmarried Parents
In Massachusetts, the law surrounding custody and parenting time is generally the same for children of divorced parents and those of unmarried parents. An important difference applies to children of divorced vs. unmarred parents, however, with respect to shared custody. The Massachusetts child custody statute that applies to divorced parents, Ch. 208 s. 31, expresses no limitations on a judge’s ability to order “shared” or “joint" custody, beyond the “best interests of the child” standard.
However, the custody statute for children of unmarried parents, Ch. 209C s. 10, explicitly provides that unmarried mothers shall have primary custody of a child until there is an adjudication of parentage:
Prior to or in the absence of an adjudication or voluntary acknowledgment of paternity, the mother shall have custody of a child born out of wedlock. In the absence of an order or judgment of a probate and family court relative to custody, the mother shall continue to have custody of a child after an adjudication of paternity or voluntary acknowledgment of parentage.
