If you are divorcing with children, child custody is one of the most important issues that will need to be addressed. If you believe it would be detrimental for your child’s other parent to receive custody, it’s imperative to understand your legal options. Please continue reading to learn when sole custody is awarded in Massachusetts and why connecting with our determined Bristol County Child Custody Lawyers is in your best interest.
What is Sole Custody?
In Massachusetts, there are several different types of custody arrangements. Sole custody is one of them, but it’s rarely awarded. When a parent is awarded sole custody, it’s important to understand the concepts of legal and physical custody. These both serve distinct roles in shaping parental rights following a divorce. As such, it’s crucial to understand that legal custody refers to a parent’s decision-making authority, whereas physical custody refers to where the child resides and spends their time.
It’s important to understand that Massachusetts courts favor joint custody agreements. Child custody determinations are based on what is in the best interests of a child. Essentially, the courts believe it’s in the public interest for both of a child’s parents to share the rights and responsibilities associated with raising a child. The law presumes that, unless proven otherwise, both parents have equal rights and children benefit the most when both parents are actively involved in their lives. Nevertheless, there are instances in which a Massachusetts family court judge will grant sole custody, including:
- One parent is absent
- One parent is not willing to cooperate by the terms of a consent order
- Allegations of domestic violence
- Active addiction or mental health problems
- Incarceration
- Neglect
- Parental alienation
- Child’s preference (if of sufficient age)
Ultimately, it’s usually only granted when there is substantial evidence that the other parent is unfit to care for the child. The court will award sole custody if they believe it’s necessary to ensure a child’s safety and well-being. Parents seeking sole custody must prove exceptional circumstances for the judge to award sole custody over joint custody.
Should I Consult a Lawyer?
As you can see, sole custody can be difficult to obtain in Massachusetts, which is why it’s important to enlist the help of an experienced lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help you fight for the most favorable outcome on behalf of you and your family. If you are facing a custody battle, please don’t hesitate to contact our legal team today as we can help you navigate your legal options. We are prepared to guide you through this complex legal process.
