Understanding Parents' Rights in Brockton, MA
Legal Support for Families in Brockton, MA, and Surrounding Areas
In Massachusetts, child custody, also known as parental responsibility, can be resolved by the parents or taken to court to be established by a judge. Both parents have equal rights to custody of their child and can modify an existing order under certain circumstances.
With over three decades of experience helping parents establish, modify, and/or enforce child custody orders, our attorneys at Brockton Divorce Lawyer can help you create a child custody agreement that best suits you and your family’s needs and lifestyle.
Our team at Brockton Divorce Lawyer is here to help you. Contact us online or call us at 508-979-0555.
Exploring Child Custody Arrangements in Massachusetts
Massachusetts recognizes several different types of child custody arrangements:
Physical Custody: This denotes with whom the child will live and spend most of their time. Parents can share physical custody in Massachusetts.
Legal Custody: This gives one or both parents the right to make decisions about key aspects of the child's life, such as education, religious upbringing, and medical care.
Sole Custody: A parent can be awarded sole physical custody, sole legal custody, or both. In this arrangement, only one parent has the right to make decisions regarding the child’s residence and/or welfare, depending on the arrangement.
Joint Custody: Under this arrangement, both parents are granted either physical custody, legal custody, or both, and share equal decision-making responsibilities.
How is Child Custody Determined in Massachusetts?
The best interests of the child are paramount to any child custody decision in Massachusetts. Additional factors that the court considers are as follows:
Each parent’s ability to meet the child’s needs
Each parent’s ability to provide a safe, stable, and nurturing environment
Each parent’s age and physical and mental health
Each parent’s willingness to nurture a relationship between the child and the other parent
The preferences of the child (if of sufficient age)
The child’s age, needs, and/or ability
Any history of domestic abuse and/or violence
The geographic location of each parent’s residence (pertains to the accessibility of visitation and time-sharing)
Both parents must abide by the custody order until the child turns 18 or it is modified.
How to File for Child Custody in Massachusetts
The legal process for filing for custody in Massachusetts typically involves several steps. Here's a general overview:
Filing a Petition: The process begins with filing a petition for custody with the appropriate family court. This petition outlines the parent's desired custody arrangement.
Serving the Other Parent: After filing the petition, the other parent must be served with a copy of the petition and a summons. This can be done through personal service by a process server or sheriff, or sometimes by certified mail with return receipt requested.
Response: The other parent has a certain amount of time to respond to the petition once served. They may file an answer to the petition, in which they can either agree or disagree with the requests made by the petitioner.
Mediation: In many Massachusetts counties, mediation is required before a custody case can proceed to trial. Mediation involves both parents meeting with a neutral third-party mediator to try to reach an agreement on custody. If an agreement is reached, it can be submitted to the court for approval.
Trial: If the parents are unable to reach an agreement through mediation or negotiation, the case will proceed to trial. At trial, both parties will present evidence and testimony, and a judge will make a decision based on the best interests of the child.
Final Order: Once a decision is made by the court, a final order outlining the custody arrangement will be issued. This order is legally binding and must be followed by both parents.
Contact Us to Speak with a Brockton Child Custody Lawyer
Your family's well-being is a priority to us, whether negotiating a custody agreement, establishing child support, or resolving a paternity case, we are committed to your success. Our firm in Brockton has garnered the respect and esteem of clients in Brockton and surrounding areas. We would be honored to support you through this crucial transition.
In any child custody case, no matter how simple or complex, obtaining knowledgeable legal counsel and representation from a child custody lawyer is essential. Early intervention is key. A proper understanding of the laws and procedures governing child custody in Massachusetts can prevent many legal blunders at the outset. Brockton Divorce Lawyer are renowned for our uncompromising honesty, empathy, communication, hard work, and well-renowned success in family law cases.
At Brockton Divorce Lawyer, we are proud to offer confidential, professional legal counsel for sensitive, high-risk cases.
Contact our office or call us at 508-979-0555 to schedule a confidential consultation with a child custody attorney in Brockton.