massachusetts custody laws without custody agreement?

Without a custody agreement the parties would be controlled by a mutual agreement between the parties, in Mass you start on equal footing Custody/Visitation Overview

The care and control of a child is called custody. There are two parts to custody: legal custody and physical custody.

Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing – schooling, religion, medical care, etc.

Physical custody means that a parent has the right to have a child live with him or her.

Sole custody means only one of the parents makes decisions for the child.

At the outset, parents start with joint custody rights and responsibilities. Courts can determine custody and issue custody orders in a divorce or other proceeding involving the children.

Parents who don’t live together have joint custody (also called shared custody) when they share the decision-making responsibilities and/or control and custody of the children. Joint custody works well if you live near the other parent, as it lessens the stress on children and allows them to maintain a somewhat normal routine.

Disagreement over custody is almost guaranteed to put you right in the middle of a bitterly contested and expensive lawsuit. Custody cases are the cruelest and most destructive types of litigation. They are expensive both emotionally and financially.