Massachusetts Child Custody Lawyer
Child custody is often one of the most complex and emotionally charged aspects of a divorce or family law case. Similar to legal custody, Massachusetts law breaks physical custody into two categories. The first is sole physical custody. The second is shared physical custody.
For many parents, determining physical custody is a central concern, as it dictates where the child will live and how time is shared. While parents may reach an agreement on their own, custody decisions often require court involvement, and when they do, a judge has significant discretion in determining the outcome. Each parent must present a proposed custody arrangement—sometimes referred to as a parenting plan—which outlines their preferred schedule and responsibilities. If the case proceeds to trial, the judge will evaluate these proposals and may either adopt one or craft a modified arrangement that blends elements from both.
Ultimately, whether through negotiation or litigation, custody decisions must align with the child’s best interests—a standard that can mean different things to each parent.
Prioritizing the Child’s Best Interests
During child custody cases, it is natural for the stress levels of each party to rise. Stress may be high because of a debate between the parties. Further, the testimony and evidence before the court, if necessary, may lead to increased tension. A parent’s feeling of what is best for a child is a very subjective thing. There may have been many instances of disagreement about what’s best for a child while the relationship was still intact. Now the debate goes on within the scope of what may be a contentious, emotional litigation.
One of the greatest challenges in any custody case is that no professional—whether a judge, attorney, or guardian ad litem—will ever know a child’s daily life as intimately as the parents do. The court must make decisions based on the facts presented in a relatively brief window of time. A skilled child custody attorney distills the complexities of a family’s situation into clear, compelling arguments that highlight the key factors a judge will consider. From the outset, an effective legal strategy should focus on the issues most critical to securing a stable and beneficial arrangement for the child.
What Factors Influence a Custody Decision?
While each family’s circumstances are unique, certain factors commonly influence custody determinations. These include:
Each parent’s historical role in caregiving
Work schedules and availability
The child’s specific needs and routines
Any history of abuse, neglect, or abandonment
Unless you are a lawyer practicing law in the area of divorce and family law, you likely not aware of all the relevant issues. I would encourage you to take steps beyond internet research and schedule a consultation with a competent divorce lawyer. Ideally, this step can be taken long before the divorce would need to be filed. Sometimes that’s not possible, but speaking with an expert is always helpful, especially when it’s free.