209C Actions in Family Court – Complaint for Custody, Visitation and Support
When both parents appear on the birth certificate but never married each other, Massachusetts handles child custody issues under a “209C” Complaint. This complaint covers children of unmarried parents under Massachusetts General Laws Chapter 209C. Married and unmarried parents hold different parental rights. Married parents start with equal custody rights over any children they have during the marriage. Unmarried biological mothers, by contrast, automatically hold custody of their children under Massachusetts law.
The other, unmarried parent can file in Family Court to obtain custody rights. This often follows a paternity action that establishes legal parentage. A court determines whether joint or shared custody serves the child’s best interest. In cases like this, the court examines legal custody, physical custody, and a parenting schedule. The court also decides how the parents will provide child support under a 209C Complaint. Both parents carry financial responsibility for the child, even if they never married. That financial responsibility can date back to the child’s birth.
