Children often have strong preferences, and this can be true when it comes to custody cases. Read on to learn more about what happens when a child has a preference in a child custody case in Massachusetts.

What types of custody are awarded in Massachusetts?

When it comes to custody, the first thing to understand is the different types of custody. In Massachusetts, there are two main types of custody:

Physical custody: This is awarded to the parent with whom the child spends the most time. Often, parents work together to share physical custody. Sometimes parents work to split custody equally, and other times one parent has the child for more time. The parent with physical custody may be entitled to child support.

Legal custody: This refers to a parent’s legal right to make important decisions in the life of the child. These decisions may regard choices about the child’s academics, religion, and health care. Normally, legal custody is awarded to both parents.

In some cases, a parent will be deemed unfit, and the other parent will be awarded sole custody. This does not happen often. Additionally, when this does occur, the parent deemed unfit will generally have some type of visitation arrangement.

Does a child’s preference impact a custody arrangement?

Typically, a child’s preference will have to do with physical custody. For example, a child may want to spend more time at one parent’s house due to a closer bond with that parent or even a preference for that parent’s home. If the child is of an appropriate age, he or she can express this preference to a judge. In Massachusetts, a judge is required to consider the child’s preference, however, there are a number of other factors that will impact a case.

How is custody determined?

When making a decision about custody, a judge is working to do what is in the child’s best interests. As a result, he or she will consider some of the following factors:

  • The stability of each household
  • Any history of domestic violence
  • Any history of alcohol/substance abuse
  • Who parented the child more often before the divorce
  • How the decision will impact the child’s needs (educational, physical, and psychological).
  • The parent’s ability to meet the needs of the child

If you have any questions or concerns about custody in Massachusetts, contact our firm today.

Contact our experienced Bristol County firm

For over 30 years, The Law Offices of Cynthia L. Hanley, P.C. has provided quality legal support and representation for clients in Bristol County and all of Massachusetts. Our firm’s experience eases the stress of clients while providing the legal services they deserve. If you need help through a contested divorce, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.