Andover Child Custody Lawyer
Child custody matters are among the most sensitive and consequential issues in family law. Whether parents are divorcing or were never married, determining where a child will live and who will make important legal decisions can be challenging. At Turco Legal, we understand the stakes and provide skilled guidance to help parents navigate these complexities.
Our approach is both strategic and compassionate. While many custody matters can be resolved through negotiation, some require court intervention. We work closely with our clients to develop parenting plans that support their children’s well-being while also protecting parental rights.
Understanding Child Custody in Massachusetts
Massachusetts law recognizes two key aspects of child custody:
- Legal custody – The authority to make major decisions about a child’s upbringing, including education, healthcare, and religious affiliation. This can be shared by both parents or granted solely to one.
- Physical custody – The determination of where a child will live. Like legal custody, it may be shared or awarded primarily to one parent.
A parenting plan outlines the terms of custody, including a schedule that dictates when the child will be with each parent. Even with a well-structured plan, flexibility is often necessary to accommodate life’s inevitable changes, such as a parent’s work obligations or a child’s extracurricular activities. Parents with shared legal custody will also have to cooperate with each other when making important legal decisions, like where the child will go to school.
Reaching a Custody Agreement
Whenever possible, parents are encouraged to work together to create a custody arrangement that suits their family’s needs. A mutually agreed-upon plan offers several benefits:
- It allows parents to tailor a schedule that aligns with their work and personal commitments.
- It fosters cooperation, making it more likely that both parents will honor the agreement.
- It reduces conflict, which can be especially beneficial for the child’s emotional well-being.
Mediation can be a valuable tool in this process, providing a structured setting for parents to find common ground. If successful, the proposed parenting plan is submitted to the court for approval. At Turco Legal, we assist parents in negotiating custody agreements, whether through mediation or, when necessary, litigation.
When Custody Disputes Go to Court
In cases where parents cannot reach an agreement, judges are required by Massachusetts General Law, Section 31 to make legal and physical custody determinations that would promote the child’s welfare and happiness. They may consider the following factors:
- The child’s needs, whether physical, emotional, or mental. These needs can include the child’s ties to the community and school and can include the child’s preference, if he or she is old enough.
- Each parent’s ability to meet the child’s needs. A judge will look at each parent’s physical and mental health and could also consider which parent has historically taken care of the children.
- Each parent’s willingness to promote the child’s relationship with the other parent. Some parents attempt to alienate the children from their exes, but judges seek to avoid this scenario.
- Any past or present abuse committed by a parent. Judges presume that a parent who abused a child should not have custody.
No single factor dictates the outcome. Instead, judges evaluate all relevant circumstances to arrive at a decision that serves the child’s well-being. Each parent may present a proposed parenting plan, which the judge may adopt, modify, or replace with an alternative arrangement.
The Role of a Child Custody Lawyer
A knowledgeable custody attorney does more than provide legal advice—they serve as an advocate, ensuring that the court has a full and accurate understanding of each parent’s circumstances. Our role includes:
- Gathering and presenting evidence to support our client’s position.
- Preparing parents for court hearings, including anticipating questions and formulating effective responses.
- Developing a strong legal strategy tailored to the unique details of each case.
Early legal guidance can be critical in shaping the outcome of a custody case. Whether through negotiation or litigation, we work diligently to protect our clients’ parental rights and promote outcomes that support their children’s best interests.
Schedule a Consultation with Turco Legal
Child custody decisions have a lasting impact, and having the right legal support can make all the difference. We offer confidential consultations to help parents understand their options and take the next steps with confidence. To schedule a consultation with an Andover child custody lawyer, please call us today at (978) 699-0040 to learn more.