Newton Child Custody Lawyer

Navigating child custody matters can be one of the most challenging aspects of a divorce. While some parents can collaborate to develop a parenting plan that meets their family’s needs, others may find themselves at an impasse on key issues.

At Turco Legal, PC, we have extensive experience guiding parents through custody disputes. Our Newton child custody lawyer is available to answer your questions and provide clarity on your legal options.

Can I Get Full Custody?

Many parents inquire about obtaining “full custody.” In legal terms, child custody is divided into two components: legal custody and physical custody. Legal custody involves decision-making authority over significant matters such as education, healthcare, and religious upbringing. Physical custody refers to where the child resides.

Both types of custody may be shared between parents or awarded solely to one parent, depending on the circumstances.

When Is Sole Custody Awarded?

Massachusetts courts generally prefer arrangements where both parents share legal and physical custody, provided that it serves the child’s best interests. However, in cases involving a history of abuse or other serious concerns, a judge may consider awarding sole custody to one parent.

Often, the most contentious custody disputes arise over the specifics of the parenting plan—such as the weekly schedule, division of holidays, and summer vacation arrangements. Addressing these details thoughtfully can help prevent ongoing conflict.

Factors Judges Consider in Custody Decisions

When determining custody arrangements, judges assess a variety of factors, including:

• The child’s age;
• Whether the child has special physical or mental needs;
• How well the child has adjusted to school and community;
• Each parent’s involvement in the child’s care prior to the divorce;
• The child’s preference (if they are mature enough to express a reasoned opinion);
• Each parent’s health (mental and physical);
• The importance of providing a stable home to the child; and
• Any history of abuse or neglect.

Ultimately, courts prioritize the child’s best interests when making custody determinations.

The Role of Abuse Allegations in Custody Cases

Massachusetts law presumes that a parent with a history of abuse should not have sole or shared physical custody. A judge may also impose supervised visitation if necessary to protect the child’s safety.

If allegations of abuse arise during a custody dispute, the court will review the evidence carefully. The standard of proof is a “preponderance of the evidence,” meaning the judge must determine whether the claim is more likely true than not. Even in cases where a judge acknowledges a history of abuse, a parent may present evidence to argue that maintaining custody is still in the child’s best interest, though this can be a significant challenge.

Can Parents Reach a Custody Agreement Outside of Court?

Yes. Massachusetts encourages parents to create a mutually agreed-upon custody arrangement whenever possible. Mediation can be a useful tool for those who need assistance resolving disputes but prefer to avoid litigation.

Even when working collaboratively, consulting an attorney can be beneficial. A lawyer can help parents understand their legal rights, evaluate potential outcomes, and draft an agreement that meets the court’s requirements. Once finalized, the agreement must be submitted to the court for approval to become legally binding.

Custody Considerations for Unmarried Parents

Unmarried parents generally follow the same custody guidelines as divorcing couples. However, if paternity has not been legally established, a father must do so before asserting custody or visitation rights. Once paternity is confirmed, parents can negotiate custody arrangements or seek a court ruling if disputes arise.

How a Newton Child Custody Lawyer Can Assist You

An experienced family law attorney can provide valuable guidance in custody negotiations and courtroom proceedings. Beyond advocating for your rights, an attorney can help you develop a strong case by advising on key decisions, such as whether to remain in the family home during divorce proceedings or how to handle temporary custody orders.

Understanding how short-term custody arrangements may influence a judge’s final decision is crucial. Courts often prefer to maintain stability for children, meaning initial custody arrangements can set a precedent for long-term outcomes.

Speak with a Newton Child Custody Lawyer at Turco Legal

If you are facing a custody dispute, our team at Turco Legal can provide the guidance and advocacy you need. To schedule a consultation, call (857) 270-7200 and speak with a member of our legal team.