How is custody determined?

My husband wants a divorce because he does not get along with our 12 year old son. I am assuming he will not want any custody and I will have sole custody. Is that allowed in the state of Massachusetts? How is all of this going to effect my son.

Asked on April 28, 2016 under Family Law, Massachusetts


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Custody can be decided by agreement or by the court.  If you and your husband work out agreements with regard to your son, it usually goes easier on everyone. 
How it will all work out depends on the two of you.  Trying to force someone to be a better parent rarely works-- so you may be controlling the emotional aspect of this case alone.  All that you can do is make sure that your son has the proper support to work through everything.  This means you simply being there for him... or you arranging for him to visit with a counselor to express his feelings.  Offer to include your husband... and hopefully he will come around and start participating in the counseling as well. 
With this said, if you both agree that you will be primary, then you can and will be primary.  This type of agreement is allowed.  If things improve later, then the two of you can go back to court later and set up another parenting plan. 

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