When a parent loses custody of his or her child, it can be devastating for the child and parent alike. Luckily, it does not have to be permanent. Read on to learn more about custody in Massachusetts and the impact substance abuse can have on your custody arrangement.
What are the Types of Custody?
In Massachusetts, there are two main types of custody: physical and legal.
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.
How is Custody Determined?
Child custody is an extremely important issue. Massachusetts courts are working to do what is in the child’s best interest. In order to make this decision, a court may examine 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
Why Do Parents Lose Custody?
For the most part, Massachusetts courts believe that a child benefits from having a relationship with both parents and will attempt to establish a shared parenting structure. In rare cases, a parent may be deemed unfit and will lose physical and/or legal custody. This happens if the parent poses some sort of danger to the child, resulting in only one parent having custody of the child. The most common reasons a parent loses custody is because:
- Abuse
- Substance abuse
- Neglect
- Refusal to co-parent
- Refusal to follow court orders
If you have lost custody due to substance abuse, you may have to enroll in an addiction program. You should reach out to an experienced family law attorney right away who can help you through the process of regaining custody. Contact our firm to speak with a dedicated attorney today.
Contact our 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.
