When parents disagree on custody issues, the court will intervene. In all Massachusetts custody proceedings, the court is required to make decisions based on the best interest of the child. Please continue reading to learn the factors the court will consider when determining custody and how our dedicated Bristol County Child Custody Lawyers can help protect your parenting time.
What Does “Best Interests of the Child” Mean in Massachusetts?
When it comes to child custody in Massachusetts, there isn’t an exact formula for determining the children’s best interests. This legal standard is designed to safeguard a child’s mental, emotional, and physical well-being and ensure their parents are fit to provide them with the best care. Essentially, decisions are not based on what parents want. Instead, they are made based on the child’s needs and who is best suited to meet those needs. It’s important to note that no single factor determines parenting time. Family court judges will weigh various factors as guidelines. The court will consider the following factors to achieve their custody goals:
- The age and number of children
- The child’s needs
- Parental fitness
- Parental involvement before and after the separation
- Co-parenting ability, willingness to facilitate the child’s relationship with the other parent
- History of abuse, neglect, or abandonment
- The geographical proximity between each parent’s homes
- The quality and continuity of the child’s education
- The parent’s employment responsibilities and lifestyle
- The child’s parental preference (if sufficient age and maturity to express their desires)
- Any other relevant factors
It’s important to understand that the court generally assumes it’s in a child’s best interest to have a frequent and continuing relationship with each parent. However, if the court deems a parent unfit, they will not award custody.
How Do I Prove I’m the Best Option?
To maximize your chances of receiving custody, you must provide solid evidence that you are the parent who can serve the best interest of your child. The first step you should take is to develop a parenting plan proposal. The proposed visitation schedule must be fair to the other parent unless there is a legitimate reason for denying visits. Drafting a parenting plan will show the court you take the care of your children seriously.
In addition, you should write journal entries that detail your parenting duties. If you are the child’s primary caretaker, you should jot down notes about preparing meals, helping them study, taking them to doctor’s appointments or recreational activities, etc. This will demonstrate that you play an active role in their upbringing. Keep track of your parenting time. The best interest of a child standard typically favors parents who spend the most time with their children. It’s also beneficial to show that you are willing to work with the other parent. If you show that you are willing to co-parent or let the other parent be part of your child’s life, you will significantly increase the likelihood of being awarded custody.
At The Law Offices of Cynthia L. Hanley, P.C., we understand how stressful an uncertain future can be. As such, it’s best to contact our determined Bristol County child custody lawyers, who can fight for your family. Contact our firm today to discuss your case.
