Divorce is never easy. However, it’s much more complex when children are involved. Please continue reading to learn about your rights as a parent and how our experienced Bristol County Child Custody Lawyers can assist you during these tough times.  

What Are My Rights as a Parent?

Before divorce proceedings, parents are on an equal footing when it comes to their children. This includes determining where the child lives, as well as making important decisions affecting their lives. Divorce changes this because parents will no longer be residing in the same residence. Both parents likely want to continue to be actively involved in raising their children.

Contrary to popular belief, custody is a multi-layered concept. Legal custody refers to the right to make decisions regarding a child’s upbringing such as their education and religion. Physical custody, on the other hand, refers to where a child lives. It’s important to understand that both legal custody and physical custody can be “sole’ or “joint.” Sole legal custody means that one parent has the right to make all the significant decisions concerning the child. With joint legal custody, both parents have the right to make decisions concerning the child.

Sole physical custody means that a child will live exclusively with one parent, while the other parent has limited visitation. Joint physical custody entails the child residing with both parents. This can be anywhere from a couple of days a week to six months out of the year with each. If a parent is awarded sole physical custody, the other parent will usually have parenting time, unless they pose a threat to the child’s overall well-being.

How Are Parental Rights and Responsibilities Determined in a Divorce?

Parents should come to an agreement concerning their custodial rights and responsibilities. However, child custody is often a highly contested issue. As such, if parents cannot reach an agreement on their parental rights, the court will intervene. To determine custody and parenting time issues, judges primarily rely on one principle: what’s in the best interest of the child. When awarding custody, courts consider several factors. Massachusetts judges will examine the following factors:

  • The child’s age and health
  • Parental fitness (ability to meet the child’s needs)
  • Stability of the home environment
  • The geographical proximity of the parent’s homes
  • Parental cooperation
  • The parent’s employment responsibilities
  • Child’s wishes (if sufficient age and capacity to make an intelligent decision)
  • Any history of abuse or neglect
  • Any other relevant factors

While the above-listed factors are considered, it’s important to note that the court will weigh them based on the specific circumstances of each case. Essentially, no single factor is decisive.

If you have any questions or concerns about your parental rights and responsibilities, consult with a knowledgeable family law attorney from the Law Offices of Cynthia L. Hanley, P.C. Our legal team is prepared to help protect your rights. Connect with our firm today to learn how we can fight for you.