When separating parents begin the process of determining child arrangements, they may wonder whether the primary caregiver always receives custody. Massachusetts courts base all determinations on the standard of the “best interests of the child.” Continue reading to learn about the factors a judge considers when evaluating the role of the primary caregiver in a custody dispute, and reach out to a Middlesex County child custody lawyer to secure the help of a legal professional today.

What Types of Custody Exist?

There are two main types of child custody: legal and physical. Legal custody grants the right and responsibility to make major life decisions for the child, such as those concerning education, healthcare, and religious upbringing.

Physical custody refers to where the child lives on a day-to-day basis. These types can be awarded as “sole” to one parent or “shared/joint” to both parents.

What Does It Mean to Be a Primary Caregiver?

A primary caregiver is the parent who has historically taken on the majority of the everyday responsibilities for the child’s well-being. This role involves performing essential tasks, such as the following, rather than simply spending more time with the child.

  • Preparing meals and feeding the child
  • Hygiene, bathing, laundry
  • Morning, after-school, and bedtime routines
  • Handling medical appointments and healthcare decisions
  • Assisting with educational needs and school communication
  • Providing transportation
  • Arranging extracurricular activities and social engagements

Essentially, the primary caregiver is the parent who ensures the child’s basic needs, emotional health, and overall daily life are consistently managed.

Does the Primary Caregiver Always Get Custody in MA?

No, the primary caregiver does not always or automatically receive sole physical or legal custody in Massachusetts. While a parent’s status as the primary caregiver is a significant factor in the court’s determination, it is not the only consideration, and it does not guarantee this outcome.

Massachusetts courts must make all custody decisions based on the “best interests of the child” standard. This standard requires the judge to look at the totality of the circumstances rather than focusing on one factor.

The primary caregiver role informs the judge about which parent provides the day-to-day stability and meets the child’s essential needs. The court may give significant consideration to which parent has historically provided that care, as maintaining the child’s routine and established bond with that parent is often deemed to be in the child’s best interest.

However, a judge must also evaluate other factors, including the fitness of both parents, their ability to cooperate and communicate on the child’s behalf, any history of abuse or neglect, and the child’s preference if they are old enough and mature enough to express one. The primary caregiver status is relevant, but it is ultimately weighed alongside all other evidence to determine the best possible custody arrangement for the child, which often involves shared legal and physical custody.

If you’re in the midst of a custody dispute in Massachusetts, contact an experienced attorney at Mark Liam Gannon, Attorney at Law, for help.