For many parents, custody is the biggest concern when it comes to their divorce. Luckily, in Massachusetts, judges feel strongly that children benefit greatly from having a relationship with both parents, and in most cases, both parents will be awarded custody. Read on to learn more about how custody decisions are made in Massachusetts.
What are the different types of custody?
There are two main forms of custody awarded to parents in Massachusetts:
- Physical custody: This type of custody is awarded to the parent with whom the child will spend more nights of the week. This parent is also known as the custodial parent. This parent is mainly responsible for providing the child with a stable home, food, clothing, education, and other necessities. In many cases, parents will share custody and the child will go back and forth between both houses.
- Legal custody: When a parent has legal custody, he or she is able to make important decisions on the child’s behalf. These decisions may involve matters of education, religion, healthcare, and more.
How does a judge make a custody decision?
In some cases, parents will take custody matters into their own hands. However, custody is more commonly determined by a judge. When making a custody decision, a judge will typically consider:
- Each party’s ability to provide stability
- Whether the parent will act in the child’s best interests
- The relationship between the child and the parent
- The physical health and safety of the child
- The needs of the child
- The location and proximity of each parent’s home
- The preference of the child if they are of sufficient age
What can impact a custody decision?
While you are involved in a custody battle, it is important that you avoid any of the following:
- Engaging in criminal behavior, especially in the presence of children
- Using illegal drugs, especially in the presence of children
- Abusing your child or significant other
- Having an unsafe living environment
- Withholding the child from his or her other legal parent, siblings or extended family
- Disrupting or discontinuing the child’s education or community life
- Neglecting the child’s daily physical, emotional, developmental, educational and special needs
- Creating conflict, and/or inability to cooperate with the other parent
Engaging in these activities can result in the loss of custody.
Reach out to our firm to learn more.
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.
