It does not take long to recognize that custody and parenting plan issues are one of the most important aspects of family law. Typically, these matters may also include child support, grandparents’ rights, custody evaluations or even modification of custody arrangements.
Deciding the custodial arrangements for children is not an issue that is resolved quickly. A court typically begins its assessment with an examination of the status quo. It looks at the way the parties have been operating up until the point of divorce.
Gone are the days when physical custody was simply awarded to the children’s mother under the belief that a mother had the best child-rearing skills. Today, the law does not favor one parent over the other.
If both parents have been equally involved in the raising of the children, playing an active role in their lives, then there is probably a good chance that the situation is an appropriate one for joint physical custody.
When considering the options that are presented, a court considers several factors including:
- Arrangements within the family in the past
- The positive effects and drawbacks of each proposed custody arrangement
- If the child is old enough, the wishes of the child
- Any history of domestic violence or drug abuse
When custody is unresolved between the parties, the courts require the spouses to meet with a Family Services Officer. In court, they are charged with examining the situation and learning more about the relationships and synergy of the family. The Family Services Officer will then make recommendations based on what your child needs now and see whether the parents will agree to abide by these recommendations.
An Important Note About Custody…
If one parent is still unhappy with the result, he or she can request that the court order the family to undergo an evaluation by a Guardian Ad Litem (GAL). Evaluations generally cost $5,000 or more and are usually conducted by a psychologist, psychiatrist, or some other family trained specialist in private practice who focuses on custody evaluations.
Where the parties cannot agree to an arrangement for their children, custody can be a long and complicated process. When the future of your children is at stake, you need to have an attorney with the experience to navigate the process and bring the important considerations to light.
If you’re searching for answers to your questions about custody, visitation or parenting plans, you’ll find that our lawyers stand up to others who try to intimidate our clients, and we provide you with the personalized attention you need.
Call us at (800) 910-DIVORCE or contact us for a no-obligation consultation at any of our offices in Norwood, Woburn, Worcester, Springfield, and Plymouth.