Cape Cod, Massachusetts, Visitation Agreement Attorneys
Child custody is usually one of the hotly contested issues in a divorce, and often involves more than determining how much time each parent will spend with the children.
What You Need to Know About Child Custody
There are two types of custody that can be granted by the court: legal custody (which party can legally make the major decisions) and physical custody (where the child will primarily live).
- Legal custody allows one or both parents to have input into the major decisions of how the child will be raised, including education, religion, medical decisions and extracurricular activities.
- Physical custody specifies the child's primary residence and parenting schedule.
- Joint or shared custody: This is the term used when both parents share rights and responsibilities. It can refer to legal custody, physical custody or to both types of custody.
- Sole custody: This means that one parent is designated as the primary parent with legal or physical custody, or both. In these cases, the other parent is often given parenting, either supervised or unsupervised, when the court determines that contact with the other parent may not be in the best interests of the children.
How Custody Works in Massachusetts
Contrary to popular belief, custody laws in the Commonwealth do not favor one parent over the other. Historically, the typical outcome of a custody case was that the mother — if she was a fit parent — got primary custody, while the father got visitation time. The father would then pay child support to the mother to assist her in caring for the children.
Not anymore.
The Supreme Court has ruled that the gender of the parent is irrelevant in a custody case. Our attorneys have represented both fathers and mothers in custody disputes, and we get to the bottom of legal issues quickly, taking a proactive stance to resolve or litigate custody and visitation matters.
Using the Best Interests of the Child to Determine Custody
A guiding principle in awarding custody is ensuring that parents have frequent and ongoing contact with their children. When parents cannot agree, the judge applies this principle when determining where the children will live, which school they will attend, where they will spend vacations and holidays, and all the details of a parenting plan.
Probate and family court judges on the South Shore and Cape Cod do not look favorably on parents who view their children as objects to be used as bargaining tools in their divorce. If possible, judges prefer not to disrupt the children's lives; if the current school is good and the child likes it, the court may award primary custody to the parent who lives closest to that school, even when the other parent is making a strong argument for custody.
Child Custody Must Be Responsive to Changing Family Needs
Children change, parents change, and custody and visitation agreements sometimes need to change as well. We can help you bring your custody case back to court to seek modification of custody and parenting plans, or to gain the court's permission or to fight a request to move your child out-of-town.
Are You Moving? Is Your Ex-Spouse Moving?
Besides being a heavily emotional situation, there are a number of legal aspects to child relocation. The courts consider what will be in the child's best interest. They must consider the move and how it will have impact on the child.
We Handle Tough Child Custody, Visitation and Support Issues
At The Massachusetts Family Law Group (MFLG), our attorneys have more than 40 years of combined experience. We are aggressive trial lawyers who do not back down from a fight. We are tireless in our pursuit of favorable results in highly contested child custody battles. When you hire us, you get more than one attorney; you have an entire team of dedicated lawyers, support staff and other experts. We call this method of organizing ourselves our brain trust.
Local Knowledge, Local Courts
We serve the needs of families throughout the South Shore and Cape Cod area. One of the advantages of working with us is our five offices and convenient satellite conference centers. Rather than having one central location in downtown Boston, our meeting locations are located next to the courthouses.
Each county has its own separate and individual way of doing things. The Brockton Probate and Family Court operates differently than the Barnstable court does. Even within the same court, one judge is likely to handle a parenting plan matter differently than another.
It is critical for your lawyer to anticipate your judge's preferences so that you have every opportunity to achieve positive results.
Don't Delay the Decision to Protect Your Children
The Plymouth child custody attorneys at The Massachusetts Family Law Group are ready to talk with you about custody, visitation, parenting, modification, and enforcement issues. We are armed with Blackberries, and we're available early morning, at night and over the weekend. To schedule your appointment, call (800) 299-DIVORCE or contact us online.
