As a divorce lawyer, I have seen many cases where child custody becomes a contentious issue. It is important to understand the laws and regulations surrounding child custody in Massachusetts to ensure that the best interests of the child are met. In this article, I will provide a step-by-step guide on how to navigate child custody cases in Massachusetts.
In Massachusetts, there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's upbringing, such as education, healthcare, and religion. Physical custody refers to where the child lives and who is responsible for their day-to-day care.
When determining custody, the court will always consider the best interests of the child. This includes factors such as the child's age, health, and emotional well-being, as well as the parents' ability to provide for the child's needs. The court may also consider the child's relationship with each parent and any history of abuse or neglect.
Before going to court, parents are encouraged to try to reach a custody agreement through mediation. Mediation is a process where a neutral third party helps the parents come to an agreement that is in the best interests of the child. If the parents are able to reach an agreement, it will be submitted to the court for approval.
If the parents are unable to reach an agreement, they will need to go to court. The court will consider all of the factors mentioned above and make a decision based on what is in the best interests of the child. The court may also appoint a guardian ad litem, who is a neutral third party that will investigate the case and make a recommendation to the court.
Custody orders can be modified if there has been a significant change in circumstances. For example, if one parent moves out of state or if there is evidence of abuse or neglect, the court may modify the custody order to better serve the best interests of the child.
Navigating child custody cases in Massachusetts can be a complex and emotional process. It is important to understand the laws and regulations surrounding child custody and to work with an experienced lawyer who can guide you through the process. Remember, the most important thing is to always keep the best interests of the child in mind.
Sources: