USA – MASSACHUSETTS Trends and Developments Contributed by: Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff and Mariah G. Tappan, Verrill Dana, LLP
• what is the history of the relationship between the child and each parent; • what custodial arrangement would foster stability and continuity in the child’s life; and • the needs and interests of the child and the willing - ness and ability of each parent to care for the child and address their specific needs and interests. While it is true that the court is guided by statutes and robust case law when determining the appropriate custodial arrangement, and there is no legal presump - tion in favour of joint physical custody, practitioners have observed a shift whereby shared parenting arrangements are becoming increasingly common. Said differently, absent safety concerns, the court appears to be focusing more on the importance of a child having frequent and continuous contact with both parents and issuing shared custodial arrange - ments where parents have approximately equal par - enting time with their child.
The custodial arrangement determined by a court is particularly important in removal actions, as the appli - cable standard differs depending on whether the par - ents share physical custody or one parent has primary or sole physical custody. When physical custody is shared, the court will evaluate the best interests of the child and engage in an analysis grounded in the needs and circumstances surrounding the child. Con - versely, when one parent has primary or sole physi - cal custody, the court must engage in a two-step “real advantage” test, placing greater emphasis on the benefits that relocation would have on the par - ent seeking to relocate. As shared physical custody becomes increasingly common, it is likely that, absent agreement between parents, practitioners will observe a decrease in child relocation from Massachusetts, or, conversely, an increase in child relocation litigation.
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