When parents decide to go their separate ways, they will need to address custody rights and parenting time. Understandably, parents often believe they should be able to see their children whenever they please. However, the court will determine an arrangement that is in the child’s best interests. That said, it can be hard to say goodbye to your child when they spend time with their other parent, especially if your ex fails to drop the child back off on time. If your ex continuously keeps your child past their allotted custody time, it’s crucial to consider the legal options available. Please continue reading to learn how the court can intervene and why connecting with our trusted Bristol County Child Custody Lawyers is in your best interest. 

How is Custody Determined?

In Massachusetts, child custody is determined based on the best interest of the child. Essentially, this means that the court will prioritize the mental, emotional, and physical well-being of a child above all else, to ensure their parents are fit to provide them with the best possible upbringing. The court typically believes that it’s in a child’s best interest to benefit from having a regular and continuous relationship with both parents. Therefore, they will try to award equal custody when possible. The court will consider the following factors to determine a custody arrangement:

  • The health of each parent
  • Each parent’s ability to meet the needs of the child
  • The stability of the households
  • Any criminal history or substance abuse
  • Any history of domestic violence or neglect
  • Each parent’s income and employment responsibilities
  • Who was the primary caretaker
  • The child’s parental preference (if sufficient age and maturity)

What Happens if My Ex Doesn’t Drop Off My Child On Time?

When the court orders a custody arrangement and visitation schedule, it’s crucial to comply with the plan in place. When your ex drops your child off late, they are ignoring a court order. While you may want to retaliate, you should refrain from doing so. Instead, you should document each instance in which your ex has violated the custody order. If your parenting plan has been violated regularly, you have the right to ask the court to intervene.

If your ex is guilty of habitual tardiness with no just cause, please don’t hesitate to contact an experienced Bristol County child custody lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help you petition the court to enforce your custody order. Connect with our firm today to learn how we can assist you during this challenging time.