Massachusetts Divorce - Child Custody

Whether parents are divorced, in the process of being divorced, separated, or have never been married, issues of child custody arise. Child custody is the right and responsibility of one or both parents to take care of the child and make major decisions regarding the education, religion, medical care, and day-to-day care of the child.

There are four types of child custody in Massachusetts:

Sole Legal Custody- where one parent has the sole right and responsibility to make the major decisions regarding the child's welfare, such as: education, religion, medical care.
Sole Physical Custody- where the child resides with one parent, with reasonable visitation granted to the other parent.
Joint Legal Custody- where both parents share the responsibilities in making major decisions concerning the child's welfare.
Joint Physical Custody - where the child resides primarily with both parents. For example, the child will spend one week with mom and the next week with dad.

The most common child custody arrangement is joint legal custody with primary physical custody to one parent or the other.

When parents cannot agree on parenting arrangements, including the child's welfare or even on the times that the child will spend with the other parent, then the court will make those decisions for the parents. A parent gearing up for child custody battle must be prepared to pay substantial legal fees and will also be likely to be requested by the court to pay for half the cost of a Guardian Ad Litem.

A Guardian Ad Litem is an independent lawyer or mental health professional appointed by the Court to investigate issues involving care, custody or maintenance of the child. That Guardian Ad Litem then submits a report to the judge with his findings and recommendations. The Guardian Ad Litem's recommendations are based on the information gathered during the investigation. The Guardian Ad Litem will analyze the quality of the child's relationship with both parents and assess of each parent's capacity to effectively nurture the child.

The court will rely on the report of the Guardian Ad Litem as well as any other evidence submitted by the parties' attorneys and witnesses to determine the best interest of the child when deciding which parent the child will reside with and which parent will be responsible for making the major decisions regarding the child's welfare.

Non-custodial parents may have a right to visitation. That visitation cannot be withheld because of failure to pay child support.

To consult with a lawyer about your Massachusetts Divorce or if you have other MA divorce law or family law questions, please contact us at (508) 559-2240. We will be happy to schedule an appointment for an initial consultation.

We service clients in all matters in Attleboro, Boston, Brockton, Cambridge, Chelsea, Dorchester, Fall River, Hingham, Lawrence, Lynn, New Bedford, Plymouth, Quincy, Roxbury, Salem, Stoughton, Taunton, West Roxbury, Wareham, Worcester, and Wrentham, to only name a few Courts.

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DISCLAIMER: THE MATERIALS CONTAINED ON THIS WEB-SITE HAVE BEEN PREPARED BY Law Office of Aurelie M. Couturier, P.C., AND ARE FOR INFORMATIONAL PURPOSES ONLY. THESE MATERIALS ARE NOT TO BE CONSTRUED AS LEGAL ADVICE. READERS SHOULD CONSULT THE ADVICE OF COMPETENT COUNSEL.