Bristol County Child Custody Lawyer

Bristol County Child Custody Attorney

When parents divorce, the ensuing effects on children can be extensive. For this reason, the court system does all it can to establish arrangements that seek to maintain the welfare and routines of the child. However, because this is an inherently subjective metric, it is important that you work closely with a Bristol County child custody lawyer who can advocate for your parental rights and help you secure the most favorable outcome for you and your child.

Child Custody Attorney in Bristol County

The attorneys at Farias Family Law, P.C. have decades of combined experience helping parents in Bristol County protect their future relationships with their children in child custody cases. Attorney Bill Farias combines dedication with a compassionate approach as he vigorously advocates for parents’ rights and custody.

If you are facing child custody proceedings, it is essential that you partner with an experienced and skilled child custody lawyer whether you are pursuing mediation or need representation in court.

What Are the Different Kinds of Custody Arrangements in Massachusetts?

Massachusetts law separates child custody into two different categories: legal and physical. Legal custody refers to the authority over the child to make decisions about the child’s upbringing, which includes education, healthcare, religious influence, and other significant life decisions. Physical custody relates specifically to where the child will live and receive the daily care they need.

When determining arrangements, each parent may be granted sole custody of either type or may share custody in one or both. Because the court assigns custody in each category separately, there are four possible determinations to be made for child custody between the parents.

• Sole legal custody. In this arrangement, one parent holds exclusive rights to important decision-making.
• Shared legal custody. In this arrangement, both parents cooperate with one another to make collaborative decisions regarding the child’s upbringing.
• Sole physical custody. In this arrangement, the child resides primarily with one parent. The other parent may still be granted visitation rights, and the court will generally encourage cooperation to allow for parenting time for the other parent.
• Shared physical custody. In this arrangement, the child will spend substantial time residing with both parents. Shared physical custody seeks to ensure equitable and continued contact with each parent.

The courts can combine these custody arrangements in various ways to better suit the needs of the child. This can result in parents sharing one type of custody, such as legal custody, while one parent is given sole custody in another area, such as physical custody. Ultimately, the Bristol County family court system will prioritize the arrangements that are in the interest of the child’s overall well-being.

How Is Custody Determined?

Child custody determinations in Bristol County are guided by Massachusetts GL c. 208 s. 31, which outlines what considerations are in the interest of the child. This covers several factors, including:

• Primary caregiving. The court will take into consideration which parent has already been fulfilling the role of primary caretaker. This includes handling daily responsibilities and nurturing the child.
• Parent-child relationships. The court will consider the quality of each parent’s existing relationship with the child, looking for strong, positive, and supportive bonds.
• Parental fitness. The court will evaluate each parent’s ability to care for the child and provide a stable and safe environment. Any existing history of substance abuse, physical abuse, mental health, or destructive lifestyles will be considered.
• Parental cooperation. The court will give preference to those who demonstrate an ability to work positively with the child’s other parent. This consideration is applicable in both sole and shared custody determinations.

In addition to evaluating each parent, the court will also consider the child when making custody determinations. The child’s ability to adapt to a new home, school, and community is crucial, and the court will generally prioritize maintaining continuity. Further, when the child is considered mature, a judge may take into account their own wishes if they have strong reasons to prefer one parent over the other.

No single factor has exclusive determination over which custody arrangement the court will choose, as each of these factors impacts the overall well-being of the child.

How Does Mediation Work?

Mediation is a helpful alternative dispute resolution method that involves both parties collaboratively reaching a mutually beneficial arrangement by working with a neutral third party. In child custody cases, a family law attorney can act as a mediator between both parents, helping them both to develop a parenting plan that most effectively meets the child’s needs.

This approach can help parents retain more control over custody decisions. Typically, mediation will begin with an initial meeting between both parents to explain the process, establish rules, and identify the areas and issues that will be addressed. Then, parents will each provide the relevant information regarding their schedules, the child’s needs, and any concerns they have regarding parenting time.

The mediator will then guide both parents to an agreement that considers various aspects of custody, including living arrangements, schedules, visitation, decision-making responsibilities, and an agreed-upon method for handling disputes that arise. The agreement should also include provisions for education, healthcare, vacations, and holidays, as well as how the parents will keep in communication with one another.

Once both parents agree to the terms, the mediator will draft a document to be submitted to the court for approval. If the court approves the arrangement, it will become a legally binding custody order. It is important to consider that the court ultimately has the final say in all custody matters, so it is vital that the proposed arrangement strictly adhere to the child’s interests.

What Are the Benefits of Mediation?

In Bristol County child custody cases, mediation offers several unique benefits. These include:

• Control and flexibility. This approach allows parents the opportunity to have a greater say over the arrangements, enabling them to better fit their unique circumstances.
• Conflict reduction. Mediation focuses on open communication and emphasizes cooperation. This approach can often lead to long-term positive effects on the relationship between the parents, keeping communication amiable and resulting in a more stable environment for the child.
• Child-centered focus. By working with a neutral third party, the goal stays focused on the child’s needs and well-being rather than on any one parent’s situation or outcome. This approach encourages parents to collaborate on solutions that serve the needs of the child rather than on self-serving provisions.
• Cost efficiency. Because mediation avoids most of the court proceedings associated with custody cases, resolutions are often less expensive and save time.

Mediation is a great option for many parents and offers several substantial benefits in resolving custody cases. However, it may not be appropriate in all situations. In cases involving serious concerns, such as domestic violence, or in situations in which one parent is unwilling to cooperate, it may be necessary to seek individual legal counsel to ensure your child’s well-being.

FAQs

Q: Who Wins Most Child Custody Cases?

A: Child custody decisions in Bristol County are determined exclusively by what is in the interest of the child. Increasingly, courts recognize the importance of both parents’ involvement in a child’s life and generally prioritize joint custody arrangements.

Q: What Type of Custody Costs the Most?

A: When considering legal fees, court costs, and other related expenses during a custody case, those in which the parents do not agree on custody terms and require court intervention tend to be the most costly. These are known as contested custody cases. Because the financial implications of custody cases can vary based on the complexity of the case and the level of conflict between parties, the type of custody sought has no inherent determination on the cost.

Q: What Do Judges Look For in Child Custody Cases in Massachusetts?

A: For all child custody cases in Massachusetts, judges look for factors that determine what is in the overall interest of the child. According to Massachusetts General Laws Chapter 208, Section 31, custody decisions prioritize the welfare and happiness of the child. This includes each parent’s relationship with the child, ability to provide stability in the home, cooperation with the other parent, and previous roles in caregiving.

Q: How To Win a Custody Battle as a Mother?

A: In order to win a custody battle as a mother, you must demonstrate your ability to provide stable, loving care to your child, foster a healthy relationship with them, and show your willingness to cooperate with the child’s other parent. If possible, provide records of your involvement in your child’s life. Because child custody decisions are made on the basis of what is in the child’s interest, the courts will not favor either parent based on gender.

Speak With a Skilled Bristol County Family Law Attorney Today

Child custody cases are among the most personal and difficult legal proceedings possible. To ensure your future relationship with your child and their overall welfare are being properly protected, it is vital that you speak with an experienced and knowledgeable Bristol County family law attorney.

Farias Family Law, P.C. can guide you through the complex legal proceedings and help you obtain the most favorable outcome in your custody case. Contact our office today to discuss your options and begin securing a custody arrangement that protects your rights and your child’s future.