Custody & Visitation Attorneys
Custody & Visitation Lawyers Serving Boston, Massachusetts
One of the most contested issues to a divorce, paternity, or even modification action revolves around the custodial rights of parents. To make matters even more contentious, additional issues such as parental fitness, grandparent rights, father's rights, parental alienation, court-appointed investigations, child support, and relocation issues have been said to be some of the most puzzling to both parents and legal practitioners alike.
The issues in a Massachusetts custody case is traumatic, and if you don't hire and put the right emphasis on hiring an aggressive lawyer the end-result can be a frightening prospect. The Custody Attorneys and Parenting Plan Lawyers from The Massachusetts Family Law Group have a combined 40+ years of experienced and aggressive advocacy representing both mothers and fathers in contested custody disputes.
We Approach Every Custody Case As If We Are Heading For Trial
Each of our attorneys will tell you how their first hope is to help the parties resolve their differences, but that doesn't always happen leaving us no choice but to prepare the case as if it is going to trial. Even in those cases where we believe (confidentially) the parties won't go so far, we still prepare to go all the way because when cases are litigated vigorously up to trial, the parties are more willing to be reasonable with each other. The alternative is spending thousands and thousands of dollars in a three- or four-day trial where, even when we get what we want, the cost of litigation often dips into retirement or the children's educational funds.
Contrary to popular belief, Massachusetts custody laws do not favor one parent over the other, and our firm has successfully represented both fathers and mothers in custody disputes. Additionally, if you are subjected to a Massachusetts court order and live out of state, our Massachusetts Custody Attorneys can help you. We've earned the reputation for getting to the bottom of legal issues quickly, taking a proactive posture in temporary motion sessions, and resolving or litigating custody and visitation matters successfully. Call (800) 763-1030, or contact us online for a no-obligation consultation at any of our convenient offices.
Sole or joint custody in Massachusetts typically involves the following terminology:
- Legal Custody: The authority and right to make decisions about the education, religious, health and welfare of children so long as such decisions do not conflict with the physical custody order. Joint legal custody does not mean the parents will share joint physical custody.
- Physical Custody: The schedule or amount of time that a child spends with a parent. Often times, one parent will have the children for more time than the other; the parent with more time is oftentimes referred to as the "primary" parent; the "non-custodial" parent has specific parenting time.
- Joint or Shared Custody: The label used when both parents share rights and responsibilities.
- Sole Custody: One parent is designated as the primary parent with legal or physical custody. In situations like this, the other parent is often given limited parenting time (whether supervised or not).
A variety of options are available, and in recent years custodial labels have become less of a focus, and the term "parenting plan" has been more generally accepted, outlining each parent's specific rights and responsibilities.
Typically, one parent assumes leadership in raising the children. Even when both parents work full time, one parent often is the one who takes the child to the doctor, attends parent-teacher conferences, arranges for social and extracurricular activities, and ensures homework is completed.
Massachusetts Case Law Relating to Child Custody
- "Shared legal custody" is defined as the continued mutual responsibility and involvement by both parents in major decisions regarding the children's welfare, including matters of education, medical care and emotions, moral and religious development. G.L. c. 208 §31.
- In order for joint custody to work, both parents must be able mutually "to agree on the basic issues in child rearing and want to cooperate in making decisions for their children." Rolde v. Rolde, 12 Mass. App. Ct. 398, 404 (1981)
- "Sole physical custody" means that the children shall reside with and be under the supervision of one parent, subject to reasonable visitation by the other parent, unless the court determines that such visitation would not be in the best interest of the children. G.L. c. 208, §31.
- It is important that "parents have frequent and continuing association" with their children. See Tolos v. Tolos, 11 Mass. App. Ct. 708, 712 (1981).
How a Judge Decides Custody-Related Issues
When the parties to a court action cannot agree on issues relating to legal and physical custody of their own children, a judge is then forced to make these decisions that will shape the future lives of both the children and their parents. Like referees and umpires in professional sports, judgment calls are often made in the heat of the contest and decisions are based on knowledge, experience, and perception.
When determinations are made from the bench, the court decides who will live in the same house, what school the children will be attending, when he or she will see their parents, where they will reside, and how the holidays and vacations will be spent.
Because the judge is forced to make the decisions normally made by parents, no matter how contested a divorce matter may be, most agree that the parents – not the court – are best suited to make child-related decisions that are so permanent in nature. Otherwise, bad calls are bound to be made and judges decide based on what they have seen and heard, often moving on to the next case without ever looking back.
What Parents Need to Know When Battling Over the Custody of Their Children
- Do your best to get away from the custodial labels and focus on the needs of your children. Think less about who wins or loses the children, and put your attention toward which of the parental partners should handle each of the different roles of parenting, and to what degree. Quite often, parents view children as pieces of property – much like real estate – attempting to claim title of his or her life. The reality is that we don't own children, but do what is determined to be in their best interest.
- Children are not objects, and don't deserve to be tossed back and forth like an object, bargaining tool, or mouthpiece for the parents to vent. All children deserve to be in a supportive, stable, and nurturing environment through which they can thrive and be surrounded by positive role models.
- Take a look at the current schooling environment. If the children are excelling in their current school, and one parents lives a good distance away, assess transportation and daycare needs.
WARNING: Representing Yourself in Court is a Mistake. Hiring a Massachusetts Child Custody Attorney Will Make a BIG Difference in Your Case.
If you are not a lawyer well-versed in Massachusetts divorce law, custody proceedings, parental fitness, and courtroom advocacy, it should be apparent to you that you should look into getting professional help. A good Massachusetts lawyer, who is familiar and practices in your county, can make all the difference in the outcome of your case.
Our attorneys vigorously pursue effective custody agreements in court. If you are concerned about the custody of your children, we are the ones to call. Through zealous advocacy, and a proper presentation to the court-appointed investigators, our attorneys will provide detailed evidence of parental involvement. When we represent parents who lack demonstrable evidence that they are involved parents, we advise them on how to develop and gather such documentation.
If your spouse is fighting for sole legal custody of the children, we will help you develop a strong case to show the courts why this is not in the best interest of your child. Likewise, if you are seeking sole custody, our entire legal team typically works together in crafting a case that demonstrates to the court why such a decision is in the best interest of your child.
Once a custodial order has been established, it is not uncommon for the circumstances to later change whereas the court needs to reconsider custody and parenting issues relating to the children. Has one of the parents become physically or mentally ill? Is there proof of substance abuse? Is the custodial parent unfit? What is in the child's best interests?
Get a Free Case Evaluation With One Of Our Experienced Custody and Visitation Attorneys
If you're wondering what to do next, taking advantage of or no-obligation consultation might be the best move. Give us the specifics of your case, let an attorney hear your story, and we will spell out your options for you.
Call (800) 763-1030 or contact us to schedule an appointment.
