When a relationship involves children, a separation or divorce can be particularly painful for all parties involved. Child custody is a significant issue that arises when there are children involved. Child custody laws in Massachusetts put the best interests of the child first when making decisions, and there are specific guidelines and regulations parents need to adhere to.
Here’s a comprehensive guide to navigate through Massachusetts’ child custody laws when going through a separation or divorce.
Types of Child Custody
There are two different types of child custody in Massachusetts:
Legal Custody
Legal custody refers to the parent or person who makes significant decisions for the child’s welfare, including:
- Education
- Healthcare
- Religious involvement
- Extracurricular activities
Joint legal custody is the most common type of legal custody granted by a court in Massachusetts. Both parents make important decisions for the child, even if the child lives with one of the parents.
Physical Custody
Physical custody is the parent with whom the child lives. It can be awarded as:
- Sole physical custody, the child lives with one parent, and the other parent receives visitation rights
- Shared physical custody, where the child spends equal or nearly equal time with both parents
The Best Interest Of The Child
In Massachusetts, the court has an obligation to prioritize the best interests of the child. The court typically considers the following factors when making decisions about custody:
- The child’s age and specific needs
- The emotional and physical health of each parent
- The relationship between each parent and the child
- Each parent’s ability to provide for the child materially and emotionally
- The child’s preference, if potential based on their age, custody, and visitation arrangement
Who Gets Custody in Massachusetts?
There is no predicable outcome in any custody case. Massachusetts law presumes that shared physical and legal custody is in the best interest of the children. That being said, the court considers all of the above-listed factors when making a decision, and the outcome will depend on the court’s determination of what is best for each individual child.
Divorce Mediation
In many cases, parents can avoid going to trial by working with a neutral third person to mediate their separation or divorce. Mediators work with both parents to help them come up with an agreement that serves the family’s best interests, including the best interests of children.
Child’s Preference
When children reach a certain age and maturity, their preferences can be considered when deciding about custody. In Massachusetts, children aged 12, 13, and 14, can express their preferences. Still, the court does not need to follow their wishes. For children aged 15 and above, their preferences may have more significant weight in the court’s decision.
Parental Alienation
Parental Alienation is a problematic situation that may occur in separation, divorce, or custody cases. This occurs when one parent disparages or attempts to undermine the other’s parenting abilities or relationship with the child. The court takes parental alienation seriously and can award custody to a parent who is not participating in an alienation campaign by the other parent.
Conclusion
Child custody decisions can be complex, delicate and sensitive matters that have long-lasting consequences. Understanding Massachusetts’ child custody laws may help separate and divorce parents navigate through the custody process smoothly. It is also essential to have a seasoned family law attorney by your side who can guide you through this difficult process and ensure your rights and interests are protected.