Mass. Gen. Laws ch. 208, § 19

Pendency of action for divorce; custody of children

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Section 19. The court may in like manner, upon application of either party or of a next friend in behalf of the minor children of the parties, make such order relative to the care and custody of such children during the pendency of the action for divorce as it may consider expedient and for their benefit.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1988–2024 · leading case: Recinos v. Escobar

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Recinos v. Escobar (2016) mass · cites it 2× “119, § 1; G. L. c. 208, §§ 19, 28, 28A, 31, 31A. Therefore, in Massachusetts, an immigrant child may petition for special findings in either the Juvenile Court or the Probate and Family Court.”

Goodridge v. Department of Public Health (2003) mass “…predictable rules of child custody, visitation, support, and removal out-of-State when married parents divorce (e.g., G. L. c. 208, § 19 [temporary custody], § 20 [temporary support], § 28 [custody and support on judgment of divorce], § 30 [removal from Commonwealth], and § 31…”

E.N.O. v. L.M.M. (1999) mass “For example, when a child’s married parents separate or divorce, G. L. c. 208, §§ 19 and 28, authorize the Probate Court to make orders regarding visitation while the divorce is pending and after it becomes final.”

B.B.V. v. B.S.V. (2006) massappct “” See G. L. c. 208, § 19. He also ordered the wife to undergo an evaluation by a psychiatrist or psychologist of her own choosing.”

Diver v. Diver (1988) mass “Clearly, the judge was authorized by G. L. c. 208, § 19 (1986 ed.), to issue child support orders, and he was authorized to consider the defendant’s earning capacity in setting the amounts to be paid.”

Balistreri v. Balistreri (2018) massappct “Nor would it make any sense to read the statute to encompass such complaints; otherwise, an award of *698 temporary child support or health care under G. L. c. 208, § 19 (which is outside the alimony reform act) could, for example, inexplicably and illogically reduce the…”

Fazio v. Fazio (2017) massappct “13 The husband challenges the temporary order entered on March 21, 2007, raising his child support payment obligation from $450 to $1,000 per week,14 and the order entered on October 7, 2010, requiring the husband's total BAH to be transferred directly from his military paycheck…”

Commonwealth v. Agogo (2018) massappct “Nor would it make any sense to read the statute to encompass such complaints; otherwise, an award of temporary child support or health care under G. L. c. 208, § 19 (which is outside the alimony reform act) could, for example, inexplicably and illogically reduce the duration of…”

A.S. v. N.S. (2024) massappct “3 The order insofar as it affected child custody was a temporary order issued under G. L. c. 208, § 19. Because it was not a judgment, or for that matter a final order, A.”

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