What Do Judges Look for in Child Custody Cases in Massachusetts?

One contentious aspect of a divorce is often child custody, which pertains to who the child lives with, how much time they spend with each parent, and how parents make decisions about the child’s well-being. A common question parents ask when considering divorce is: What do judges look for in child custody cases in Massachusetts? Child custody is a complex issue that can vary significantly from one family to another.

Child Custody Agreements in Massachusetts

A child custody agreement details physical custody, regarding who the child lives and the details of how and when they will see each parent, and legal custody, regarding how each parent is obligated to handle making decisions in the child’s daily life. Both parents generally have physical and legal custody, but it is possible to share legal custody even if only one parent has physical custody.

Custody agreements are usually necessary because the parents are divorcing, but the process for determining child custody and support can be separate from the legal process of divorce. It’s also common for custody agreements to require modification as the child’s or parents’ needs change.

The Best Interest of the Child

A family court judge’s main concern regarding child custody is always the best interest of the child, as opposed to only considering what each parent wants. The goal is to minimize disruption and provide the stability and support the child needs.

A judge has to consider all physical, mental, and emotional elements of a child’s well-being and rarely base decisions on only one or two factors.

Some factors often taken into consideration include:

• The age of the child – The needs of children vary drastically depending on their age. For example, a toddler’s schedule may be more flexible than school-age children. Older children and teenagers may need more time for friends and social activities.
• How the child does in school – This is often considered a key indicator of a child’s overall well-being and may signify underlying issues the judge needs to consider.
• Social and community aspects – It’s important to make sure children stay connected to friends, activities, church, and other aspects of the community, so judges may consider this when determining custody and parenting time.
• The relationship of the child with each parent – If there is a significant difference in one parent’s relationship with the child, the judge may consider that when determining custody to prioritize a positive impact on the child.
• Relationships the child has with other family members – If the child has siblings, half-siblings, cousins, grandparents, or other family members they are close to, it may influence the judge’s decision regarding where the child spends most of their time.
• The child’s preference – When the child is mature enough, their preference may be taken into consideration. Other issues like parental alienation may also be considered.

Family court judges also consider how suited each parent is to meet the needs of the child.

In general, this includes any factor that might have an impact on the welfare of the child, such as:

• Living arrangements – How stable the environment is where each parent lives and the distance between the parents’ homes. For example, if one parent lives hours away from the child’s school, that may affect how and when the child can spend time with them.
• If one parent was the primary caregiver – This is one indicator that a parent may have been more involved in the child’s day-to-day life and meeting their basic needs and speak to what would provide the most stability for the child, as well as support a strong emotional bond.
• Mental and physical health – If the parent has a medical condition that may impact their ability to provide adequate care for the child, physically or mentally, a judge will often consider how to include that in the custody arrangements.
• Willingness to cooperate – When a parent is uncooperative with the other parent or with court orders, it can negatively impact their parenting rights in the eyes of the court.
• History of domestic violence or other abuse, drug or alcohol abuse, or abandonment – The child’s physical safety is a chief concern for a judge determining custody, and if a parent has a history of domestic violence, alcohol or drug abuse, abandonment, or other behaviors that could put the child’s safety at risk, a judge will generally consider that in the custody agreement.

Child Custody FAQs

Q: What Is the Optimal Evidence for Child Custody?

A: The optimal evidence for child custody is documentation. This can be financial, school, or medical records, photos and videos, written communication like emails and text messages, and other documented evidence. Generally, you should start collecting evidence as soon as possible to build a convincing argument in your child custody case in Massachusetts.

Q: How Is Custody Determined in Massachusetts?

A: In Massachusetts, both custody types are automatically shared unless there is a child custody order. In most cases, parents share custody based on the family’s particular needs. One parent may be awarded sole custody, although this is generally only the case when there is abuse, neglect, or another serious problem involved.

Q: How Is the Best Interest of a Child Determined?

A: The best interest of a child is determined based on the child’s needs and each parent’s ability to meet those needs. Courts prefer that both parents be involved in their child’s life, but in cases where that is deemed not good for the child’s well-being, judges have discretion to limit a parent’s rights to physical and legal custody.

Q: What Should You Not Say During a Custody Battle?

A: During a custody battle, you should not say anything untrue, threatening, or overly negative about the other parent or child. It’s especially important to follow these guidelines in front of the child and officers of the court. If you do, it can have a negative impact on your custody case and even lead to criminal or civil legal actions.

Schedule a Case Assessment With Farias Family Law, P.C.

At Farias Family Law, P.C., our experienced legal team can make sure you present the strongest child custody case possible to achieve a successful outcome for you and your family. Contact us today to discuss which legal options are right for your case.