Middlesex County Child Custody Lawyer

As a divorcing parent, nothing is more important than preserving the relationship you have with your child. At Mark Liam Gannon, Attorney at Law, we understand the impact a divorce can have on this relationship, which is why we make it our priority to ensure your child’s best interests are protected, every step of the way. Contact a knowledgeable and compassionate Middlesex County child custody lawyer from Mark Liam Gannon, Attorney at Law, for your initial consultation today.

Physical Vs. Legal Custody in Massachusetts

When it comes to child custody in Massachusetts, it’s important to understand the distinction between physical and legal custody. Physical custody refers to where the child lives on a day-to-day basis and which parent is responsible for providing direct care and supervision. A parent with primary physical custody will have the child residing with them most of the time, while the other parent may have visitation or parenting time.

On the other hand, legal custody involves the right to make important decisions about the child’s upbringing, including choices related to education, medical care, religion, and general welfare. In many cases, Massachusetts courts award joint legal custody, meaning both parents share decision-making responsibilities, even if the child primarily resides with one parent. Understanding these differences is critical, as they impact both daily parenting responsibilities and long-term parental authority.

Types of Child Custody Arrangements in MA

Massachusetts recognizes several types of child custody arrangements, each designed to meet the unique needs of the child and family. The four types of child custody arrangements in Massachusetts are as follows:

• Sole Physical Custody: One parent provides the primary residence and daily care for the child, while the other parent may have visitation rights. This arrangement is often used when one parent is better suited to provide a stable home environment.
• Joint Physical Custody: Both parents share significant periods of physical custody, allowing the child to spend substantial time living with each parent. This arrangement requires a high degree of cooperation and communication between parents.
• Sole Legal Custody: One parent is granted the exclusive right to make major decisions about the child’s upbringing. Sole legal custody may be awarded when it’s determined that joint decision-making would not serve the child’s best interests.
• Joint Legal Custody: Both parents share the responsibility for making major decisions regarding the child’s welfare, regardless of where the child primarily resides. Joint legal custody encourages collaboration and shared parental authority.

Each custody arrangement is designed with the child’s best interests in mind, and the court will consider the family’s specific circumstances when deciding what arrangement is most appropriate.

How is Child Custody Determined in Massachusetts?

In Massachusetts, courts prioritize the best interests of the child when making custody determinations. Judges consider a wide range of factors to ensure that the custody arrangement promotes the child’s emotional, physical, and developmental well-being. These factors may include:

• The child’s age, needs, and overall health
• The relationship between the child and each parent
• Each parent’s ability to provide a stable, loving, and supportive home environment
• Each parent’s willingness to foster a positive relationship between the child and the other parent
• Any history of domestic violence, abuse, or neglect
• The child’s adjustment to their home, school, and community
• The work schedules and availability of each parent
• The mental and physical health of each parent
• The preferences of the child, depending on their age and maturity

No single factor is decisive; instead, the court weighs all relevant considerations to craft an arrangement that will best support the child’s happiness, safety, and development.

Modifying & Enforcing Child Custody in Massachusetts

Child custody arrangements are intended to serve the child’s best interests at the time they’re made, but circumstances can–and often do–change over time. If a material and substantial change has occurred that affects the child’s well-being, a parent may petition the court to modify the custody order. Common reasons for seeking a modification include a parent’s relocation, changes in work schedules, concerns about the child’s safety, or the evolving needs of the child as they grow older.

In some cases, a parent may fail to comply with the existing custody order. If the other parent is withholding visitation, violating the parenting schedule, or otherwise refusing to follow the court order, legal action may be necessary to enforce the custody agreement. Enforcement tools can include filing a contempt action, requesting makeup parenting time, or seeking other remedies from the court.

At Mark Liam Gannon, Attorney at Law, we can help you pursue a custody modification or enforce an existing order to ensure your rights–and your child’s best interests–are protected every step of the way.

Contact a Child Custody Lawyer in Middlesex County, MA Today

With so much at stake, you need a family lawyer in your corner who can effectively protect your right to child custody. Fortunately, if you’re reading this, you’ve come to the right place. Mark Liam Gannon, Attorney at Law, has, for years, fought for parents’ custody rights here in Middlesex County and throughout Massachusetts, and we stand ready to fight for you too. Contact our firm today.