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Child Custody Archives

Which parent has custody before going to court?

Determining who has legal custody of a child immediately after his or her parents separate will greatly depend in Massachusetts on whether or not the child's parents are married. If a child's parents are married and they have not yet gone to court after separating, both parents will share legal custody. This means that both parents will have an equal say in all of the major decisions in their child's life, including education and health care.

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