In Massachusetts, child custody is not just about where your child lives. It is about preserving the child’s emotional stability, safety, and overall well-being. Continue reading and reach out to a seasoned Middlesex County child custody lawyer to learn more about the factors courts consider when determining child custody in Massachusetts.
What Factors Do Massachusetts Courts Consider?
Massachusetts courts prioritize one thing above all else: the best interests of the child. This guiding principle may sound broad, and it is. But it allows the court to take a wide range of circumstances into account.
Judges typically examine the child’s age, health, and emotional needs. They will look at the child’s relationship with each parent, the current living arrangements, and even how well each parent can meet the child’s educational and developmental needs. If the child is mature enough, the court may consider their preferences, though this is just one part of the bigger picture.
Importantly, the court will also assess whether there has been any history of abuse, neglect, or substance misuse. In Massachusetts, any finding of domestic violence or unsafe behavior carries significant weight. Even if the issue has been addressed, the court will want to ensure that the child will be protected from potential harm in the future.
Can Parents Make Custody Agreements Without Going to Court?
Yes, and many do. In fact, Massachusetts courts encourage parents to come to a mutual agreement when possible. If both parents can work together to create a parenting plan that supports the child’s needs, the judge is likely to approve it. This plan usually outlines who will make decisions regarding the child’s upbringing and where the child will live.
Mediation is a helpful option for parents who are willing to cooperate but may need guidance in reaching an agreement. It’s less adversarial than going to trial and often less stressful for both parents and children. However, even when parents agree, the court must review the arrangement and ensure it is fair and in the child’s best interests.
Still, not all situations can be resolved privately. If there is significant conflict, or if one parent believes the other is unfit, the court may need to intervene directly and make a decision after hearing both sides.
What Types of Custody Are There in Massachusetts?
Custody in Massachusetts is divided into two categories: legal custody and physical custody. Legal custody refers to who makes major decisions about the child’s life, such as choices related to education, religion, and health care. Physical custody, on the other hand, determines where the child lives.
Parents may share joint legal and physical custody, or one parent may have sole custody in either or both categories. Joint arrangements are common when both parents are capable and involved, but that doesn’t necessarily mean time is split 50/50. The actual schedule depends on what works best for the child.
When one parent is granted sole physical custody, the other may receive visitation rights unless it’s deemed harmful to the child. Every case is unique, and outcomes depend on many factors, including logistics, work schedules, and the child’s needs.
If you have further questions or require the assistance of an attorney, simply contact Mark Liam Gannon, Attorney at Law today.
