Mediating Child Custody Disputes

Under Massachusetts law, probate judges prioritize the child’s best interests when granting custody and awarding child support.  By statute, there are several child custody options from which to choose. Skilled family law attorneys can educate divorcing parties about the various shared custody plans. Divorce lawyers guide clients through the tumult of a marital break-up. They help parties collaborate on visitation to achieve the optimal custodial arrangement for the divorcing couple’s family.

Take the case of Dan and Evelyn, who have been married for 15 years. They have two children: Frank, age 12, and Grace, age 6. Evelyn attributes their marital struggles to Dan’s demanding job, which she feels has negatively impacted their family life, leading her to believe he may be turning to alcohol to cope. Dan, on the other hand, feels the root of their issues lies in the fact that they married young and have since grown apart. He also suspects Evelyn may be involved in an extramarital affair. Despite these differences, both parents are actively involved in their children’s lives—Dan coaches Frank’s Little League team, while Grace enjoys spending time with Evelyn, engaging in hobbies like needlepoint.

Dan has moved out of the family home and is living in a condominium near his workplace. Communication between the spouses is minimal, and both parents are seeking joint legal custody but wish for sole physical custody of the children.

Child Custody Plans

The statutory child custody options include sole legal custody and shared legal custody. Other options include sole physical custody and shared physical custody. Sole legal custody empowers one parent to make major decisions concerning the children’s welfare. The sole legal custodial parent makes decisions about religious upbringing, education choices, and medical care. Under a shared legal custody arrangement, both parents are mutually responsible and involved in decision-making in the aforementioned areas. Also, both parents oversee the children’s moral and emotional development.

Sole physical custody is a child custody option in which the children live with one parent who supervises them. This arrangement presumes reasonable visitation by the other parent unless the court deems such contact not in the child’s best interest. In a shared physical custody arrangement, the child resides with and is supervised by each parent at designated times. Shared physical custody is intended to provide the child consistent and frequent interactions with both parents.

Factors courts consider when evaluating whether to grant sole physical custody include the parents’ work schedules (a mark against Dan in our scenario) and who tends to the children’s everyday needs. Those needs include feeding them, seeing that they get to public and religious schools, and taking them to medical appointments.

Where possible, courts favor joint physical custody so that both parents can maintain an ongoing relationship with their children. Dan and Evelyn must attend parenting classes, which may help them overcome visitation issues.

Visitation Schedules

Each family’s visitation arrangement is unique and shaped by the best interests of the children. Factors such as the children’s individual needs and schedules, including after-school activities, are considered. As Frank is older, he may have some input on his preferred living arrangements, but the court will make the final decision based on what is most beneficial for the children’s well-being.

Supervised Visitation

If there are concerns about a parent’s behavior, such as potential substance abuse, the court may order supervised visitation to ensure the safety of the children. In Dan’s case, the court may decide that his visitation with Frank and Grace should be supervised, especially if there are concerns about his drinking. Ideally, the supervising individual would be someone both parents trust and agree upon. If an agreement cannot be reached, the court may appoint a professional from a supervising agency to oversee the visitation.

Guardian ad Litem

In cases where parents are unable to resolve custody or visitation disputes, the court may appoint a guardian ad litem, often a social worker, lawyer, or therapist, to represent the children’s best interests. The guardian ad litem will conduct an investigation and submit a report with recommendations for custody and visitation arrangements. While the court is not obligated to follow these recommendations, they are given significant consideration.

Family law attorneys also address practical matters in custody cases, such as establishing guidelines for communication between the children and each parent. For example, in situations like Dan and Evelyn’s, where direct communication between the parents is minimal, attorneys may suggest providing the children with their own phones, allowing each parent to contact the children directly.

If you have any questions about divorce or family law issues, we encourage you to reach out. You can call us at 978-225-9030 and we will respond to your phone call or submission promptly.

Interested in learning more about mediation? Check out our article on mediating marital home issues.