Hingham Child Custody Lawyer

Hingham Child Custody Attorney

Both children and their parents go through a difficult period during and after a divorce. Child custody is often the most difficult part of the divorce process, making it extremely contentious. If you are facing a child custody dispute, a Hingham child custody lawyer can assist you in fighting for your rights and the ideal outcome for your relationship with your children.

Types of Custody in Massachusetts

In Massachusetts, child custody cases involve legal and physical custody. Legal custody is also referred to as sole custody. While courts may prefer that both parents are equally involved in the well-being of the child, if one parent is awarded legal custody, they have the power to make the decisions regarding the child’s life – including education, religion, and medical care. It’s possible for parents to have shared legal custody.

Physical custody dictates where the child will spend the majority of their time in terms of living arrangements. Shared physical custody means that the child will live with and be supervised by both parents at different points. With a sole physical custody arrangement, the child will only live with one parent. If it is deemed to be in the child’s best interests, the non-custodial parent may be granted visitation rights.

Concerns for Child Custody Cases

During child custody cases, one or both parents have many questions and concerns related to their child’s well-being and the changes they will experience. Below are some questions to consider as a parent working toward an amicable solution:

• Where will the child live?
• How will visitation be determined and arranged?
• How will decisions be made regarding the child?
• How is child support determined?
• How are disagreements handled in custody and child support cases?

An attorney can help you address these questions and create a parenting plan that takes your concerns into account.

Working in the Best Interest of the Child

Massachusetts strives to make custody decisions in the best interests of the children. There is no law that specifically lists what is considered to be a guideline, so judges use their discretion to make decisions. Generally speaking, a judge will consider the child’s welfare and happiness in their determinations. Some things a judge will consider include:

• The child’s past and present living conditions and how they affected the child’s well-being
• Each parent’s ability to provide for the child’s basic necessities
• The child’s relationship with each parent
• Each parent’s criminal record, if they have one
• Any history of domestic violence or child abuse
• Any presence of child neglect
• The child’s home and school
• The willingness of each parent to cultivate a relationship with the child
• The parents’ moral standing
• The parents’ mental health
• The presence of any drug use with either parent
• Who the primary caretaker was for the child

Can Parents Modify a Custody Order?

It is common for a custody order to be modified, especially as time passes, circumstances change, and children get older. Sometimes, previous custody agreements are no longer suitable for the children. In this case, either parent can submit a formal request for a modified custody order.

While it is preferable for parents to work through custody changes themselves, the courts can make these decisions if the parents are not able to agree. The parent(s) must prove that since the last arrangement was determined, circumstances have changed significantly enough to warrant a custody modification. They must also prove that the changes would be in the child’s best interest. In Hingham, Massachusetts, the judge will review the facts of the case to make a determination.

FAQs

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

A: The cost of a custody lawyer in Massachusetts varies depending on a number of factors. Each lawyer charges differently. Some attorneys charge by the hour, and some charge a flat fee. If the case is complex, and considerable time is needed to determine a solution, the lawyer may have to spend many hours to determine a resolution. As a result, fees will be higher.

Q: How Much Does It Cost to File for Custody in Massachusetts?

A: Filing for custody in Massachusetts includes court fees and filing fees. There may be additional costs associated with the case, including service fees, mediation fees, or any required parenting classes. The cost to file depends greatly on the circumstances surrounding the case. Each child custody case is different. Therefore, each set of fees will be different.

Q: What Is the Difference Between Legal and Physical Custody?

A: The difference between legal and physical custody is that legal custody involves decision-making rights, while physical custody describes the right to care for and house a child. A parent with physical custody will live with the child, while a parent with legal custody can make important decisions about their child’s upbringing. Each type of custody may be shared or held by one parent.

Q: How Do You Deal With a Challenging Custody Battle?

A: Dealing with a difficult custody battle can take an emotional toll on both the parents and children. It’s important to remain focused on the needs of the child. A contentious custody battle requires a strong strategy, and an attorney can help. If you’re involved in a custody dispute, it’s important to seek the legal counsel of a lawyer and keep detailed documentation that may be relevant to the case.

Why Farias Family Law, P.C.?

Handling child custody can be emotionally taxing, especially in the process of a divorce. Farias Family Law, P.C. can help you during this process. We have years of experience representing clients in custody battles, and we can offer you an individualized approach as we thoroughly investigate the specific details of your case. Our team can ensure you are aware of your rights and options as we strive for the greatest possible outcome for both you and your children.

If you are going through a custody battle, Farias Family Law, P.C., can help. Contact us today to speak with a representative.