[MA] Can I get sole legal custody based on the other parent’s alcoholism, domestic violence, and neglect?

MA Family

Looking for sole legal custody of my child. I’ve been taking care of them almost entirely on my own. The father barely helps, doesn’t pay child support, and when the child stays with him (only with my approval), my child comes back with marks due to lack of supervision.

January 12, 2026

Seth

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In Massachusetts, custody decisions are based on the child’s best interests (Mass. Gen. Laws ch. 208, § 28). A history of alcohol abuse, domestic violence, neglect, and failure to provide support can strongly support a request for sole legal custody (Mass. Gen. Laws ch. 208, § 31A). Documentation, witness testimony, and medical records will be important.

Your next steps are to gather all documentation and consult a local family law attorney in Middlesex County to file for sole legal custody. An attorney can help present your evidence and guide you through the process.

Massachusetts Parenting Plan

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Lexi, Chatbot

I’m sorry you’re dealing with this. Do you currently have any custody orders or agreements in place?

The other parent is an alcoholic and has been sectioned twice. I want to file for sole custody with no visitation and no child support continuation.

Lexi, Chatbot

Have any of the safety concerns or marks on your child been documented?

His psychiatrist knows about prior incidents. The most recent one is only known to my child and me. Sole legal custody paperwork and a domestic violence report were filed back in 2018.

Lexi, Chatbot

Is there anything else a family lawyer should know?

Since then, he’s had two more domestic violence incidents with his current partner, plus another incident involving his mother and brother.

Seth

I understand you’re seeking sole legal custody due to serious concerns. Have you gathered any evidence to support your case?

I have witnesses, my child can speak about conditions, his doctor, and child support records showing nonpayment.

Seth

What state and county are you in?

Massachusetts, Middlesex County.

Seth

Have you already started legal proceedings, or are you planning to file soon?

I plan to file soon. I last filed in 2018 for sole custody and passport rights.

Seth

Since 2018, have there been changes that impact your case?

Yes. He’s barely present, doesn’t pay child support, and my son has lived with me for over nine years. He’s been sectioned twice in the past two years, has ongoing domestic violence issues, and neglects my child when he has him—sometimes my child barely eats.

Seth

Thank you. I feel more confident knowing I have a solid case if I’m prepared.

Seth

You’re welcome. Don’t hesitate to reach out if you have more questions.

Seth

7,784 satisfied customers

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