What to Know About Visitation in Massachusetts

Losing custody can be devastating for parents and children alike. Luckily, most parents will be awarded visitation. Read on to learn more about visitation rights in Massachusetts.

Why do parents lose custody?

Parents will lose custody if there is evidence of:

  • Abuse
  • Neglect
  • Refusal to co-parent
  • Substance abuse

Physical vs legal custody

In Massachusetts, there are two main forms of custody awarded:

  • Physical custody: This parent is responsible for the child and will provide a home, stability, food, clothes, etc. In some cases, custody will be shared equally by both parents or guardians. Physical custody can be split up into sole, joint, or shared.
  • Legal custody: When a parent has legal custody, he or she has the right to make important decisions on behalf of the child’s life. These can involve academic, social, medical, religious, etc. decisions.

What if I am not awarded custody?

In Massachusetts, the court is working to do what is in the child’s best interest. As a result, it is not often that parents lose custody, as the court believes a child benefits from having a relationship with both parents. However, if a parent is deemed unfit, the fit parent will be awarded sole custody.

When this occurs, one parent will have both physical and legal custody of the child. This means that the child will live with that parent, and the parent will be responsible for making all medical, educational, social, religious, and other decisions on behalf of the child. In this situation, however, the other parent will likely have visitation rights. Visitation may be supervised or unsupervised, depending on the circumstances.

What factors impact visitation?

When granting a visitation order, a judge will consider the following:

  • If the parent was convicted of domestic abuse
  • If the parent has a history of drug or alcohol abuse
  • The overall parental fitness
  • The safety and needs of the child (both physical and emotional)
  • The child’s preference if they are old enough to make an informed decision
  • The parent’s location or schedule
  • The current relationship between the parent and the child

If you have lost custody of your child, our firm will fight for you. We will advocate for visitation rights and work to help you regain custody. Reach out today to speak with an experienced and dedicated family law attorney.

Contact our experienced Bristol County 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.