Fairhaven Child Custody Lawyer

Fairhaven Child Custody Attorney

When a marriage dissolves, one of the most complex issues that needs to be resolved is child custody. Ideally, both parents will want primary custody. An agreement must be reached that is in the interests of the child above all else. Sometimes, reaching an agreement can be a difficult situation, and you will need the help of a lawyer to fully resolve everything. Reach out to a Fairhaven child custody lawyer for help in reaching an agreement.

Filing for Custody in Massachusetts

Few things can be as frustrating and detrimental to your mental and emotional health during your divorce process as establishing a custody agreement with your former spouse. It can be a tumultuous experience, but it has to be done. It can turn into a heated affair with both parties saying things they might not mean, such as challenging one spouse’s fitness as a parent. If one parent is found to be unfit, they may lose their parental rights entirely.

It can be difficult to file for custody if the parents are not married. In this case, the parents need to establish paternity before the mother can seek child support from the father, or the father can seek primary custody of the child. If only one parent files for paternity, the judge may be the one to establish paternity in order to get the case started.

Before you can file for custody in Fairhaven, the child has to have lived in the state of Massachusetts for at least six months. This is referred to as the home state rule. There are some exceptions to it, such as if the child lived in a different state with only one parent until recently.

When to File for Custody

You can file for custody until the child turns 21 years old if the child is still dependent on the parent or 23 years old if the child is still dependent but also enrolled in an educational program. If you need an immediate custody order, you can file a motion for a temporary order while you wait for your case to work its way through the system.

The Steps for Filing for Custody

Filing for custody of your child is a big decision. Before deciding on such drastic action, you should consult with a divorce lawyer in Fairhaven and decide if collaborating with your former spouse on an agreement out of court is a viable option. Granted, that may not be an option for you, depending on the circumstances of your divorce.

Parents are expected to be flexible when it comes to the well-being of their children. If your spouse is refusing to yield out of spite, seeking sole or primary custody may be the wisest option for you. If you decide to file through the courts, here is what the process could look like:

• Filing for Custody: First and foremost, to get started on the custody battle, you will need to file your claim in family court. You will file in the county where your child lives, and you could seek a temporary custody order if your circumstances dictate it.
• Prepare Yourself: A drawn-out custody battle can be an emotionally and financially draining process. During the process, you and your lawyer will need to prove why you deserve to have custody over the other parent. The judge will take into consideration both parents’ financial situations, any history of domestic violence, the child’s living situation thus far, and if the child is old enough, they may ask their opinion.
• If You Lose: If your case does not end favorably, you may have options to keep fighting. You can file an appeal to take the case to a higher court, or you could file a motion for reconsideration. This will ask the judge to decide the case differently after you have gathered new evidence.

FAQs

What Are Fathers’ Rights in Massachusetts?

Fathers’ rights are exactly the same as mothers’ rights in Massachusetts. State law allows both parents to make equal parenting decisions regarding their children. In a divorce, it is not automatically assumed that the mother will receive primary custody. The court has to take many different factors into consideration, including which parent is financially stable. Fathers can pursue full custody or insist on visitation rights.

Can One Parent Keep a Child From the Other Parent Without Court Orders in Massachusetts?

No, one parent cannot legally keep their child away from the other parent without a court order in Massachusetts. Such action would be illegal and would reflect poorly on the parent responsible. If there is no court-ordered custody agreement in place, both parents have a legal right to see their child, as they generally share legal custody. However, if there is a court order in place to keep one parent away, they legally have to honor that order.

What Type of Custody Costs the Most?

Generally, a contested child custody case is going to cost considerably more than an uncontested child custody case. Uncontested cases are less expensive because everything has already been decided by both spouses out of court. Terms have been agreed upon, and nothing will be contested. These cases can even be completed without a lawyer. However, contested cases are often a struggle and can result in costly court battles.

Who Pays Attorney Fees in Child Custody Cases in Massachusetts?

Generally, in Massachusetts, both parties will pay for their own attorney fees. There are some exceptions to this, such as if the court orders the higher-earning spouse to pay for the other spouse’s legal fees or if one party is determined to be acting in bad faith and pursuing frivolous litigation purely out of spite. It is ultimately up to the judge presiding over the case.

Contact Us Today

At Farias Family Law, P.C., we understand the kind of legal help you will need to fight for your child’s custody. Contact our legal team today to get an assessment and learn more about what we can do for you and your case.