Boston Legal Custody Lawyer
Even in cases of amicable divorce, child custody can present challenges. Parents often experience deep concerns about maintaining their relationship with their children, and it is common for these concerns to lead to disagreements. In Massachusetts, custody is typically divided into two components: legal custody and physical custody. In this article, we will focus specifically on legal custody.
Understanding Legal Custody
Legal custody refers to the authority to make significant decisions concerning a child’s upbringing. In most cases, parents share legal custody, which means they are both involved in important decisions regarding the child’s welfare. These decisions might include matters related to education, medical care, and religious upbringing. In some instances, however, a court may determine that it is in the child’s best interest for one parent to have sole legal custody.
At Turco Legal, PC, we are committed to helping parents navigate the complexities of divorce and custody matters. Our goal is to protect our clients’ rights to legal custody or to seek sole legal custody when circumstances warrant.
Key Aspects of Legal Custody
Minor children are generally unable to make significant decisions for themselves. As such, parents are responsible for making decisions on their behalf. When you hold legal custody, you have input on important matters such as:
Education: Determining which school the child will attend and whether they will participate in extracurricular activities or school trips.
Medical care: Deciding on vaccinations, surgeries, and the choice of healthcare providers.
Religious upbringing: Determining the child’s religious education and participation in religious services.
It’s important to note that legal custody allows you to participate in these decisions even if you do not bear the financial responsibility. For example, even if your ex-spouse covers medical or educational expenses, your legal custody rights give you a say in those matters.
Additionally, legal custody may still apply even if the child does not live with you full-time. For instance, if you have primary physical custody during summer vacations, you can still be involved in decisions regarding medical procedures or other important matters.
Shared vs. Sole Legal Custody in Boston Divorce Cases
In most Boston divorce cases, parents share legal custody. This is the most common arrangement, where both parents are expected to work collaboratively on decisions impacting the child.
However, in certain situations, a judge may find that it is in the child’s best interest for only one parent to have sole legal custody. This is often the case when one parent has exhibited harmful behavior or has put the child’s well-being at risk. For example, a parent who has been involved in an incident such as a drunk driving accident with the child may not be granted legal custody.
Massachusetts law includes a presumption against granting legal custody to a parent who has been abusive. While an accused parent can still present evidence to argue that they should retain legal custody, convincing the court of this can be challenging. Another scenario in which one parent might be awarded sole legal custody is when the parents have a history of ongoing conflict, as shared custody may lead to further tension, which is counterproductive to the child’s well-being.
Moreover, a parent who has not had an active relationship with the child for an extended period may not be awarded legal custody. For example, if one parent has been absent from the family for years, the parent who has been the primary caregiver may be awarded sole legal custody.
Addressing Disputes in Shared Legal Custody Arrangements
While many parents can work together to make decisions, disagreements sometimes arise, even in amicable situations. For instance, one parent may wish for the child to attend a particular school, while the other may have a different view. When both parents share legal custody, it is necessary to resolve such disagreements. This might involve mediation, where both parents can discuss their concerns and reach a resolution. If mediation is unsuccessful, the court may need to intervene.
Disputes can also arise regarding medical decisions, such as vaccinations. For instance, one parent may have strong objections to a particular vaccine, while the other believes it is in the child’s best interest. We’ve seen this occur with the COVID-19 vaccine.
In such cases, mediation can be an effective solution, although it is not always successful. If mediation fails, a judge may need to make a final determination. An experienced legal custody lawyer can help guide you through this process, advocating for your child’s best interests.
Contact a Boston Legal Custody Lawyer Today
If you are facing a divorce or seeking to establish paternity, we invite you to contact Turco Legal. We regularly represent parents in custody disputes and are prepared to assess your legal rights. Whether you are sharing legal custody or facing a disagreement with the other parent, we can offer guidance and support. Call us at (617) 657-4878 to discuss your case further.