Child Custody Lawyers in Norfolk County, MA
Helping You Achieve the Best Solution for Your Family
In Massachusetts, courts understand the importance of both parents maintaining a strong and loving bond with their children after a divorce. Although both parents have an equal right to custody, the deciding factor in such cases is the best interests of the children, which includes the age of the children and the stability of each household. If you are getting a divorce and have children, you will need a legal team on your side that can help you achieve the best possible results for your family.
At The Halks Firm, our child custody attorneys in Newton have the experience and insight to skillfully guide you through this sensitive matter.
Contact The Halks Firm in Newton today at (781) 995-0107 to set up a free initial consultation with one of our attorneys.
Determining Child Custody
Massachusetts, unlike most other states, does not provide a list of elements a judge must consider when determining the best interests of the children. However, although the law does not specifically state which factor a judge will examine, it does state that the court must determine if the children’s current or past living conditions negatively impact their emotional or physical health.
Additionally, it is also likely that a judge will take a look at the following factors:
- The children’s emotional ties with each parent
- The willingness and ability of each parent to provide for the children’s needs
- The distance between each parent
- Each parent’s willingness to nurture a close relationship between the children and their other parent
- Each parent’s previous responsibilities in regards to raising the children
If a judge believes the children are old enough and mature enough, their preference might also be considered. In cases where a parent has a history of domestic violence, sole custody would likely be awarded to the other parent.
Legal vs. Physical Custody in Massachusetts
The matter of child custody can be split into two categories: legal custody and physical custody.
Legal custody refers to the right that a parent has to make important life decisions on behalf of their child. These decisions include medical, educational, religious, etc.
Physical custody refers to the right that a parent has to care for the child’s physical needs, such as where the child will physically live.
Sole vs. Joint Custody in Massachusetts
Sole custody is when one parent is given the right and responsibility for the custody of their child, either legal or physical or both.
Joint custody is when both parents must share custody rights, either legal or physical or both.
The court typically seeks to award joint custody as it is often in the best interest of the child.
Visitation Rights
To support a continued relationship between the children and both parents, the noncustodial parent will receive visitation rights. Generally, a typical plan allows for the noncustodial parent to see the children one or two nights a week and every other weekend, though the specifics vary based on what best fits the children’s and parents’ schedules.
If it is determined that it would be unsafe for the children to be left alone with the noncustodial parent during visitation, the court might order supervised visitation. Under these circumstances, the noncustodial parent would only be allowed to see the children with the supervision of a third party, such as a trusted friend or family member whom the children are comfortable with. There are supervised-visitation centers as well.
Below are some of the circumstances in which supervised visitation might be ordered:
- The parent has a severe substance abuse problem
- The parent was found guilty of domestic violence
- The parent suffers from a condition that could endanger the safety of the children if they were left alone with the parent
Arrange a Free Consultation with a Compassionate Child Custody Attorney!
If you are in the midst of a child custody dispute, reach out to the team at The Halks Firm in Newton. Our knowledgeable family law attorneys have years of experience and a history of proven success, which we will use to your advantage. You can rely on our child custody team to help you achieve the results that best serve your interests and the interests of your children.
Contact The Halks Firm today at (781) 995-0107 to request a free initial consultation with one of our trusted Newton child custody lawyers.