Duxbury Child Custody Lawyer

Duxbury Child Custody Attorney

Establishing child custody in Massachusetts can be a daunting process. On top of the mental and emotional stresses, there are significant legal challenges that must be accounted for. A Duxbury child custody lawyer can be a great resource to use if you need help navigating through the complexities of Massachusetts child custody law. Trying to do this without an experienced lawyer’s help will be challenging.

Types of Child Custody in Massachusetts

Under Massachusetts law, there are four recognized types of child custody.

• Sole legal custody. One parent maintains the right and responsibility to make decisions about the child. These are typically major life decisions such as education, religion, medical care, etc.
• Sole physical custody. The child physically lives with one parent, and the other has a reasonable amount of parenting time.
• Shared legal custody. Both parents have a say and are responsible for making decisions on behalf of the child.
• Shared physical custody. The child spends time physically living with each parent.

Can a Parent With Custody Move Out of State?

Requesting to move out of state with a child is considered a removal matter. These can be complex and challenging cases. There are two different legal standards to be considered. For cases in which one parent has sole physical custody, the court will refer to the “real advantage test.” The court will give weight to the parent’s request provided it constitutes a real advantage to the child. In other words, the move aligns with the child’s best interests.

In cases where the parents maintain shared custody, the court will rely on the “Mason test,” meaning that no special consideration will be given to the parent’s interests. Only the best interests of the child will be considered. Other important factors to consider in this request are:

• The reason for the move.
• The potential opportunities it affords the child.
• The amount of time spent with each parent.
• The effect on each parent’s time spent with the child.
• Anything else the judge deems relevant.

Modifying a Custody Order

A child custody order can be modified under the right circumstances. If there was a significant change in the living situation since the original order, or if the child’s best interests are not being met under the current order, a modification could be filed.

A modification can be filed by either parent or it can be filed jointly by both parents if they are in agreement. You can file with the probate and family court where the original order was issued and there is a $5 summons fee and a $50 petition for modification fee that must be paid for each filing.

FAQs

Q: How Much Does a Child Custody Lawyer Cost in Massachusetts?

A: The costs of a child custody lawyer in Massachusetts can vary depending on several factors. It will often depend on the complexity of the legal case and the amount of work needed. It’s also important to consider the lawyer’s fee structure. Some lawyers charge an hourly fee, some may charge a flat fee, and some may require a retainer fee to be paid upfront. There are also court filing fees, expert witness fees, and costs to obtain important documentation that should be considered.

Q: Who Wins Most Child Custody Cases in Massachusetts?

A: Child custody cases can be won by the father or the mother. Each parent has an equal chance. Many people have the misconception that Massachusetts courts favor the mother in these cases. That is not true, as the courts will ultimately consider what’s in the best interest of the child. Fathers have an equal opportunity to have custody and visitation rights. When a child is born to wedded parents, the father has presumed parental rights and can legally pursue custody during a divorce.

Q: How Is Child Custody Determined in Massachusetts?

A: Child custody in Massachusetts is determined by analyzing the best interests of the child. Like many other states, the court will award custody to the parent who can demonstrate the ability to provide for the child’s basic needs and ensure their best interests are met. The past and present living conditions, happiness, and welfare will be considered, as well as the child’s wishes in some instances. The court’s main concern is that the mental, emotional, and physical needs of the child will be met.

Q: Can a Father Get Primary Custody in Massachusetts?

A: Yes, a father can get primary custody in Massachusetts. Parental responsibilities are gender neutral, meaning each parent has equal rights to custody, provided there is no reason one parent should have less custody. Custody agreements tend to lean towards joint or shared custody, but it is entirely possible for one parent to win sole custody. If sole custody is in the child’s best interests, that is generally what the court will rule.

Q: When Should I Retain a Child Custody Lawyer?

A: You should retain a child custody lawyer as soon as you are in a place where you need a custody arrangement. If you and your spouse are preparing for divorce, you should speak with a lawyer as soon as possible to prepare a legal game plan for custody. It’s likely that your spouse is gearing up with a lawyer of their own. Also, if your spouse is not honoring your custody agreement, you should also contact a lawyer for assistance.

Legal Guidance

Fighting for child custody can be a very stressful time for both parents. The ultimate goal should be to do what’s right for the child. Each situation is unique and complex, often requiring the help of a qualified and experienced attorney. If you need help holding your ex-spouse accountable to a custody agreement or need help creating one after your divorce, you should speak with an attorney.

The legal team at Farias Family Law, P.C. can help you with your child custody case. We can file the necessary documentation with the court, ensure legal deadlines are met, and answer any questions or concerns you may have. We understand how stressful this time can be. With our legal experience, compassion, and determination, you can rest assured that you’re getting the quality legal representation you deserve. Contact us today for our help.