During divorce or following the separation of unmarried parents, the question of who will maintain physical and legal custody over children can be challenging to answer. If both parents cannot agree, convincing a judge to order your preferred schedule often requires extensive evidence and a compelling argument.
Thankfully, you do not have to accomplish all this alone. A Boston child custody lawyer could take charge of your case and fight for an ideal result. Whether you are not on speaking terms with the other child’s parent or want to work through custody matters mutually, representation from a family attorney could be vital to effectively protecting your rights.
Prioritizing the Child’s Best Interests
According to state laws, child custody is one of the few divorce-related matters that spouses cannot settle without the direct involvement of a court. When deciding how custody will be shared between parents, the court’s top priority is always preserving the child’s best interests, meaning they will make a final decision based primarily on what arrangement would best protect the child’s overall wellbeing, in accordance with Massachusetts General Laws Chapter 208, §31.
While state law does not establish specific criteria that courts must follow when considering the best interests of the child, common factors to think about include:
- The child’s relationship with both parents
- Each parent’s capacity to provide necessities like food, shelter, and clothing for their child
- Each parent’s willingness to co-parent—in other words, to maintain and foster their child’s relationship with their other parent
- Each parent’s physical and mental capacity to care for their child
- Each parent’s moral fitness, including any history of neglect or abuse from either parent
- Community and/or family ties the child may have in a particular geographic area
A Boston child custody attorney could explain how courts generally address matters like this and help emphasize certain factors over others, when applicable.
Child Custody Options in Boston
Unless someone presents evidence to prove otherwise, state courts will usually assume that a child benefits from spending time with both parents. Accordingly, most child custody proceedings end with both parents having shared legal custody—meaning the authority to make decisions about healthcare, education, and similar matters on the child’s behalf. However, one parent will usually be designated as the primary custodial parent for the purposes of physical custody.
Depending on the circumstances, the court may grant parenting (also called visitation) time with or without conditions to the non-custodial parent, or alternatively grant them shared physical custody rights. As a Boston lawyer could explain, it is very rare for courts to grant sole legal and physical child custody to one parent in the absence of extremely abusive or criminal behavior by the non-custodial parent.
Reach Out to a Boston Child Custody Attorney for Experienced Guidance
The way in which a child custody hearing plays out depends very much on the people involved and their relationship with each other, as well as the court making the final decision. However, just because courts have the final say does not mean you cannot effectively advocate for the child custody order you need.
Assistance from a Boston child custody lawyer could be key to enforcing your rights and pursuing a favorable case resolution. Call today to learn more and speak with our legal team.
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