Despite Massachusetts being among the states with the lowest divorce rates, many couples in Boston go their separate ways each year.
The divorce rate in Boston currently stands at 2.2 per 1,000 people. After a divorce where the couple had children, what follows are custody arrangements. Child custody issues in Boston are handled under Massachusetts law.
A child custody lawyer in Boston can walk you through what to expect and how to navigate the process.
Below are 5 of the most commonly asked questions about custody arrangements:
1. What Are The Different Types of Child Custody?
Child custody can be broken down into legal and physical custody. Legal custody refers to a parentโs right to make major decisions about the child, such as their education and medical matters. Physical custody is where the parent primarily lives.
Legal and physical custody can either be sole or joint. Sole custody is where only one parent has both legal and physical custody.
In joint custody, both parents share responsibility. There is also shared custody, where parents equally share legal custody. Since every situation is unique, the court decides what is the best arrangement for a child.
2. How Does the Court Decide Who Gets Custody?
Courts decide on custody arrangements based on the best interests of the child. This includes factors like:
- Childโs age
- Emotional needs
- The parentsโ mental and physical health
- Ability to provide a stable home
In some cases, older children may be allowed to share where they want to stay, but the final decision lies with the court.
Judges often prefer both parents to be involved in a childโs life unless there are any serious concerns like abuse and neglect. Sometimes, a child custody evaluator is brought in to help in making a fair decision.
3. Can Custody Arrangements Be Changed Later?
Absolutely! Custody orders can be changed later on if there is a valid reason. For instance, if one parent decided to move to another state or lost their income.
Safety concerns may also arise later on and a parent can request for the initial agreement to be modified.
The court will review the different situations and determine whether a change is in the childโs best interest.
4. What Rights Do Non-Custodial Parents Have?
Non-custodial parents still have legal rights and responsibilities. In many cases, they are given visitation rights, which allow them to spend time with the child.
If they share legal custody, they will have a say and make decisions about the childโs education, healthcare and more.
If the custodial parent tries to block visitation rights without any valid reason, the other parent can go to court to have the agreement enforced.
5. What Happens If One Parent Violates the Custody Agreement?
If a parent refuses to follow the custody arrangement, they can face legal consequences. For instance, not showing up to visits or refusing to return the child. The other parent can ask the court to enforce the order and in serious cases you could be fined.
Conclusion
Child custody is a sore subject but understanding the basics can make the process less stressful. It is best to consult a lawyer to answer all your questions and guide you through the process.
