## Facts

- A mother and father, never married, had one child, Vaughn.
- The trial court found the father repeatedly committed physical abuse against the mother and, at times, her other children; some violence occurred in Vaughn’s presence.
- Evidence also showed the father had mood instability and prior alcohol issues; he had been prescribed mood-stabilizing medication but did not consistently comply.
- The mother obtained a protective order; the next day the father filed a custody complaint.
- Pending trial, the parties followed a temporary arrangement sharing legal and physical custody.
- At a custody hearing, a guardian ad litem and a psychologist recommended joint custody with Vaughn’s primary home with the father.
- The Probate and Family Court awarded joint legal custody and primary physical custody to the father, emphasizing the father–child relationship, but did not make explicit findings on how domestic violence affected Vaughn or the father’s parenting capacity.
- The Appeals Court reversed and remanded for additional findings under Mass. Gen. Laws ch. 208, § 31; the Supreme Judicial Court granted further appellate review.

## Issues

1. Whether Mass. Gen. Laws ch. 208, § 31 requires detailed findings on domestic violence and its effect on the child when awarding primary physical custody to a parent found to have committed domestic violence.
2. Whether the trial judge must make explicit findings on how domestic violence bears on the offending parent’s parenting ability as part of the best-interests analysis.

## Decision

- The Supreme Judicial Court agreed with the Appeals Court that the findings were insufficient under Mass. Gen. Laws ch. 208, § 31.
- The custody judgment awarding primary physical custody to the father was reversed.
- The case was remanded to the Probate and Family Court for detailed and comprehensive findings on domestic violence, its effect on Vaughn, and its implications for the father’s parenting ability.
- On remand, the trial court could consider the passage of time since the original order and assess the child’s present best interests in light of how the interim arrangement functioned.

## Legal Principles

- Under Mass. Gen. Laws ch. 208, § 31, where domestic violence is shown, the court must make detailed findings addressing: (a) the violence, (b) its effect on the child, and (c) how it affects the abusive parent’s parenting ability.
- A best-interests determination cannot treat domestic violence as a background fact; it must be evaluated for its impact on the child’s safety and well-being and on parental fitness.
- A strong parent–child bond does not eliminate the need for explicit analysis of whether a parent’s violent conduct undermines the ability to provide a safe and healthy custodial environment.
- Courts may rely on credible empirical materials regarding the effects of domestic violence on children when assessing best interests and required findings.

## Conclusion

The court reversed a custody award placing a child primarily with a parent found to have committed domestic violence because the judge failed to make specific findings on the violence’s effects on the child and on the parent’s fitness, and it remanded for comprehensive findings and an updated best-interests determination.


Custody of Vaughn, 664 N.E.2d 434 (Mass. 1996)