Navigating child custody during a Massachusetts divorce can be challenging. If parents can’t agree on custody terms, the court steps in to decide the best arrangement for the child, considering the unique factors of the case. This determination prioritizes the best interest of the child above all else, including the desires of the parents. Please continue reading to learn the different custody arrangements in Massachusetts, the factors courts consider when determining the child’s best interests, and how a dedicated Bristol County Child Custody Lawyer can assist you. 

What Are the Different Custody Arrangements in Massachusetts?

In Massachusetts, custody is divided into two primary categories: physical and legal. Physical custody determines the child’s primary residence and the individual responsible for direct daily care, whereas legal custody bestows upon parents the authority to make significant decisions regarding the child’s upbringing.

Physical and legal custody may be awarded as either joint or sole, contingent upon what is deemed in the best interests of the child. Joint physical custody entails the child dividing their time between both parents, which may involve an equal appointment or one parent having the child more frequently as the custodial parent. Joint legal custody mandates mutual agreement between both parents on major decisions impacting the child.

What Factors Do MA Courts Consider When Determining the Best Interests of the Child?

When child custody arrangements are determined by the court, the paramount consideration is the child’s best interest, prioritizing their physical, emotional, and developmental well-being. Judges assess various pivotal factors to render these decisions, including but not limited to:

  • The child’s age
  • Parental suitability
  • Inter-parental cooperation
  • The emotional bond between the child and each parent, as well as with their siblings and other family members.
  • The stability of the proposed home environment
  • The geographical proximity between the parents’ residences and between the parents’ residences and the child’s school, community, and extracurricular engagements.
  • The child’s expressed preference (if mature enough)
  • Any history of domestic violence, substance abuse, or neglect
  • Any additional factors deemed pertinent by the court

The court operates under the presumption that maintaining a relationship with both parents serves the child’s best interests, often commencing with the idea of joint custody. Nevertheless, this presumption is subject to modification based on the specific factors scrutinized to best serve the child’s unique needs.

Despite the court prioritizing your child’s best interests, retaining a proficient attorney from The Law Offices of Cynthia L. Hanley, P.C. to navigate this intricate legal process and advocate for the most favorable outcome for your family. Connect with our firm today to ascertain how we may be of assistance during these challenging times.