Easton Child Custody Lawyer

Easton Child Custody Attorney

Child custody battles can be emotionally challenging. The law can also be complex. As a parent, your primary concern is always the well-being of your child and what should be done in their best interest. While custody law can be overwhelming, you do not have to navigate it alone. An Easton child custody lawyer can help you seek custody of your children.

Child Custody

When it comes to child custody in Massachusetts, two types of custody – legal and physical – are often determined in court cases. Legal custody refers to the ability to make decisions for the child regarding religion, medical practices, and education. Both parents can have shared legal custody if deemed appropriate.

Physical custody refers to where the child will primarily reside. One or both parents may be awarded physical custody as the courts look to provide one stable environment for the child. If a non-custodial parent is deemed competent, the court will likely award visitation rights to them.

Making a Parenting Plan

Generally speaking, if two parents create and agree on a joint parenting plan, the court can approve it without objection, given the plan is truly in the best interest of the child. If the parents cannot agree, particularly if one parent is seeking permanent custody and the other parent does not approve, each parent will be required to submit a parenting plan. This plan must include the following:

• A schedule for visitation or residency. This will include a schedule for holidays, summers, and vacations.
• How the parents plan to resolve any future disagreements or conflicts.
• How the parents will make decisions based on healthcare and education.

The courts will analyze the proposed parenting plans. The court will have the authority to modify a parenting plan or to reject one altogether and propose a new agreement, considering the child’s wellbeing.

Massachusetts Visitation, Custody, and Parenting Time

During a divorce in Massachusetts, the court usually starts by granting temporary shared legal custody unless it would not be beneficial to the child’s well-being. For instance, if one parent has issues with substance abuse or has been deemed mentally incompetent, the court might award temporary sole legal custody to the other parent.

The court does not automatically award joint or sole custody for either parent. Instead, a court will look at the facts to determine the correct decision. If there is a presence of abuse, however, there is a strong likelihood that the abusive parent will not be granted custody. Abuse does not necessarily have to be physical. It can also include psychological or emotional abuse.

When it comes to parenting time, the court generally believes it’s beneficial for the child to have a relationship with both parents, regardless of the custody arrangements. If one parent is awarded sole physical custody, the court can create a visitation schedule for the other parent, typically including weekends, holidays, and vacations if the parent is deemed fit and competent.

When visitation is determined by the court, a minimum time for the non-custodial parent to spend with the child is usually outlined in the agreement. The non-custodial parent also usually has rights to attend school and extracurricular events and activities, even if it is not during their regular scheduled visits.

These conditions apply to generally stable and competent parents. These rights may be restricted or denied if a parent is abusive, suffers from substance abuse, or is otherwise unfit to parent.

FAQs

Q: When Can Custody Be Modified?

A: Custody can be modified when a change in circumstances occurs in Easton, Massachusetts, making the previous custody order untenable. For instance, one parent may move further away, which makes it more difficult for a child to move between houses each week. In other cases, a parent may have begun exhibiting violent tendencies or engaging in substance abuse around their child, making their home unsafe to live in.

Q: What Is the Difference Between Custody and Visitation?

A: The difference between custody and visitation is that visitation allows a parent to visit with their child, while custody gives a parent the right to make important decisions about their child and have their child live with them long-term. A parent who does not have custody may have visitation rights. In some cases, visits may be supervised to maintain the child’s safety.

Q: What Is Legal Custody?

A: Legal custody allows parents to make choices about their children’s lives. For instance, a parent with legal custody can choose the religion in which they would like their child to be brought up. They can also choose the medical treatment they would like their child to receive. If they have sole legal custody, they do not have to consider any input from the child’s other parent when making these decisions.

Q: How Do You Survive Losing Custody?

A: Surviving losing custody can be challenging, and it’s important to seek whatever help you may need. Try to stay positive with your children and make the most of any visitation you have been granted. To help you through this time, look for support from friends, family, a lawyer, or a therapist. Focus on maintaining a strong relationship with your child through visitation and communication.

Why Farias Family Law, P.C.?

At Farias Family Law, P.C., we can provide you with assistance regarding your child custody case. We can provide you with legal counsel and help you understand your rights under the laws. Farias Family Law, P.C. can also help you understand your obligations as well as the potential outcomes for your case. We can develop a plan that is tailor-made to your specific needs.

While upholding your rights, we will also look to the child’s best interests to make a suitable strong case. We can also handle the legal procedures on your behalf, including filing paperwork, ensuring that all requirements are made correctly and on time, and making court appearances on your behalf. We will ensure that your voice is heard so you can have peace of mind.

If you or someone you know is going through a custody battle, Farias Family Law, P.C. can help. Contact us today for more information.