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How does technology/monitoring play a role in custody cases?

Posted by Alexander Nesson
On May 4, 2026

It is becoming more common that parents rely on GPS tracking for their phones or watches for themselves, and start using these devices for children, where they can access where the children are through smartphones or watches, smart home devices, school monitoring apps, AirTags, and things of that nature. Sometimes, there can be significant conflict […]

Posted by Alexander Nesson
On April 13, 2026

Some of the ways that the judge does this is by using a Guardian Ad Litem (“GAL”). It could include a clinical GAL or a probation officer to do an investigation that looks at the emotional well-being of the child, the child’s exposure to conflict between the parents, if there are allegations of a course […]

Posted by Alexander Nesson
On March 30, 2026

In high conflict cases, sometimes the expectations of cooperative co-parenting can be unrealistic, and sometimes Probate and Family Court judges frequently order what is called “Parallel Parenting Structures” that try to minimize the parents’ interaction. This is not ideal, but sometimes it can strictly define exchanges even at a police station or a supervised parenting […]

Posted by Alexander Nesson
On March 16, 2026

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 […]

Posted by Alexander Nesson
On October 7, 2025

Common mistakes parents make in a custody dispute include prioritizing their own needs over the child’s best interests, badmouthing the other parent, failing to document events, violating court orders, involving the child in the conflict, letting emotions dictate decisions, misusing social media, and not seeking professional legal advice.

Posted by Alexander Nesson
On September 30, 2025

The first and most important would be focusing on the children’s best interest, and they should look at how there can be as much consistency and structure as possible. It should look at the children’s age, the children’s maturity level, and what their daily or weekly schedule will consist of. There are different arguments and […]

Posted by Alexander Nesson
On September 23, 2025

In Massachusetts, the standard to modify an existing child custody order requires showing a “material and substantial change in circumstances” since the original order was issued, and that the requested modification is “in the best interests of the child”. The change must be significant and directly affect the child’s welfare, not just a minor preference or […]

Posted by Alexander Nesson
On September 16, 2025

The custody hearings are significantly different, whether it is a 72-hour custody hearing with DCF or a Temporary Motion date scheduled in a divorce, paternity, or custody case, and whether it is a trial or pretrial case. Generally, though, the standard is looking in legal custody, which is about who makes the major decisions regarding […]

Posted by Alexander Nesson
On September 9, 2025

This is a very litigated issue. If the parent needs to relocate out of state, it will affect any custody or parenting arrangements, and Massachusetts General Laws govern this. The minor child whose custody or maintenance has jurisdiction shall not be moved out of Massachusetts without the consent of both parents for divorced parents. There […]

Posted by Alexander Nesson
On September 2, 2025

No, a child cannot legally choose which parent to live with in Massachusetts before turning 18, as the court’s decision is based on the child’s best interests, not their choice. However, a court may consider a mature child’s custodial preferences, especially with older children, but this is just one factor among many and is never the […]

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How does technology/monitoring play a role in custody cases?

In child custody cases, the courts look at the impact of the parents’ conflict on children.

Custody cases in Massachusetts: How do the Courts look at the difference between cooperative parenting and parallel parenting?

Evolving Legal Issues in Child Custody Cases.

What are Some Common Mistakes Parents Make in a Custody Dispute?

Tips for Creating an Agreed Upon Parenting Plan for Children in Massachusetts

In Massachusetts, what is the Standard to Change or Modify a Current Custody Order?

What to Expect at a Custody Hearing in Massachusetts.

In Massachusetts, How Does Relocation Affect Child Custody?

In Massachusetts, Can My Child Choose Which Parent to Live With?