Even though Massachusetts custody law still centers on what is in the children’s best interests under General Laws Ch. 208 and other statutes. They are becoming more common factual issues that judges confront in Probate and Family Court.  A lot of this sometimes deals with technology and the modern parenting dynamics. 

One example is that the court considers digital evidence and co-parenting communication. So, there can be a lot of information in text messages, parenting apps, email exchanges, and social media posts that can now make up a significant portion of what a judge would look at to determine what is in the child’s best interest, particularly in high-conflict cases.

Examples of co-parenting apps are Our Family Wizard or Appclose. There can be screenshots of text exchanges, social media posts, and even some location data and digital timelines.