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Custody may be awarded to either or both parents or to a third party. If there is no marital misconduct, the rights of each parent to custody shall be deemed to be equal. The happiness and welfare of the child shall be the factors that the court considers. In making this consideration, the court shall consider:
(1) whether or not the child's present or past living conditions adversely affect his physical, mental, moral, or emotional health; (2) whether any family member abuses alcohol or other drugs; (3) whether either parent has deserted the child; (4) whether either parent has committed any acts of domestic violence; and (5) whether the parents have a history of being able and willing to cooperate in matters concerning the child.
Joint custody may be awarded if both parents agree and unless the court finds that joint custody is not in the best interests of the child. If the issue of custody is contested and the parents desire some form of shared custody, a shared parenting plan must be submitted to the court. Provisions in a Marital Settlement Agreement relating to child custody will fulfill this requirement. [Massachusetts General Laws Annotated; Chapter 208, Sections 28 and 31].
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