Losing custody can be devastating for both parents and children, but it does not have to be permanent. Read on to learn more about regaining custody in Massachusetts.
What are the different types of child custody in Massachusetts?
There are two main forms of custody awarded in Massachusetts:
- Physical custody: This refers to where the child will reside most of the time. This parent is also 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, they are able to make important decisions on behalf of the child’s life. These can involve academic, social, medical, religious, etc. decisions. One or both parents may have legal custody, and a parent does not have to have physical custody to have legal custody.
In some cases, a parent will be deemed unfit and will lose custody. Generally, when this occurs, the fit parent will be awarded sole custody. Massachusetts courts believe that children benefit greatly from having some form of a relationship with both parents, so even if you have lost custody, you will likely be awarded either supervised or unsupervised visitation.
Why would a parent lose custody?
There are many reasons why a parent might lose custody of their child. Some of the most common include:
- Refusal to co-parent
- Substance abuse
Can I regain custody?
You may be deemed unfit to parent your child for many reasons. However, the reason for losing custody is likely something that can be worked on and fixed. For example, if you lost child custody because you suffer from a substance abuse issue, you can seek treatment and take courses to aid in eliminating your issue. If you can prove that the reason you lost custody is no longer an issue, you may be able to regain custody. It is important to work with an experienced family law attorney throughout this process.
Our firm understands how hard losing custody can be and we will advocate for you. Reach out today to speak with a dedicated attorney who will walk you through the process of regaining custody every step of the way.
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.