When parents of minor children decide to end their relationship, it can have serious consequences for the children. The court aims to mitigate the negative impact of parental separation on the children. To achieve this, the court will evaluate several factors before making final custody decisions. If you have questions regarding your parental rights in Massachusetts, please don’t hesitate to contact a Bristol County Child Custody Lawyer for guidance and skilled representation.
What Are the Custody Options in Massachusetts?
While Massachusetts parents are frequently encouraged to develop their own custody agreements outside of the court system, reaching an agreement on all terms can be challenging, especially in contentious divorces. When parents cannot reach a mutually agreeable custody arrangement or the court determines that the proposed plan fails to adequately protect the child’s best interests, the court will intervene and issue a final custody determination.
Generally, two different forms of custody can be awarded during a Massachusetts divorce. The first is legal custody, which refers to the right of a parent to make decisions on behalf of the child, such as their education, medical care, and even what religion they practice. This can be joint or awarded to one parent. If legal custody is granted to only one parent, they are not obligated to consult the other parent before deciding for the child.
The other form of custody available is physical custody. This refers to where the child resides. The court typically tries to split custody evenly, as it believes it’s in the child’s best interest to maintain a relationship with both parents. However, certain circumstances warrant sole custody being awarded to one parent. If this is the case, the other parent may receive visitation rights.
What Factors Do the Courts Consider When Deciding Custody?
In Massachusetts, the “best interest of the child” standard is the primary guideline used by courts in determining custody arrangements and visitation schedules. This standard prioritizes the health and safety of the child above all else. Factors that may be used to determine what is in the child’s best interest include the following:
- The age and health of each parent
- The child’s needs
- Parental fitness
- The parents’ willingness to accept custody and responsibility for the child
- The parents’ ability to communicate and cooperate
- The child’s relationship with each parent
- The stability of each parent’s home
- The geographical proximity of the parents’ homes
- The parents’ employment responsibilities
- The quality and continuity of the child’s education
- The child’s preference (depending on age and maturity)
- Any history of domestic violence, neglect, substance abuse, or desertion
The court’s primary concern is the health, safety, and overall well-being of the child. As you can see, the court will consider numerous factors to determine the risk associated with each parent and develop a custody arrangement that benefits the child’s development and long-term needs.
At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help safeguard your parenting time and fight for the best possible outcome given the unique circumstances of your case. Connect with our firm today for more information.
