Westwood Child Custody Lawyer

Westwood Child Custody Attorney

When parents separate, one of the most important and emotionally charged decisions they make is about their children: who the children will live with, how they will see each parent, and how to make decisions about their well-being. If you’re dealing with custody issues, a Westwood child custody lawyer at Farias Family Law, P.C. can provide excellent representation and find personalized solutions for your family.

Child Custody in Massachusetts

Child custody is the legal arrangement regarding who a child lives with, how to handle parenting decisions, and how and when the child spends time with each parent. Custody agreements are often decided when parents divorce, but child support and custody can be separate from the divorce process. Agreements also often need adjusting over time as the lives and needs of parents and children change.

Types of Custody

Child custody includes physical custody, which means who the child lives with, and legal custody, which has to do with making decisions about how the child is raised and cared for. In most cases, both parents have the right and responsibility to make decisions for their children as well as spend time with them. However, it is possible to share legal custody while only one parent has physical custody in Westwood.

How physical and legal custody is determined depends on many factors regarding the child’s well-being, like the child’s age, their relationship with each parent, each parent’s and child’s physical and mental health, and each parent’s ability to provide for and communicate with the child.

Physical Custody

Physical custody involves how much time the child lives with each parent. It’s what many people think of when it comes to custody disputes. However, there are many details that parents may not consider until they have to make a parenting plan.

Such details include:

• How and when the child will be picked up and dropped off with each parent
• How to split holidays and vacations
• Seeing other members of their family, such as cousins, half-siblings, and grandparents
• Other communication like phone calls, video chats, and text messaging
• Getting the child to and from school, childcare, sports, lessons, doctor visits, and other activities

Sole Physical Custody

With sole physical custody, the child primarily lives with one parent. In most cases, the child still spends scheduled time with the other parent, including sleeping at their home, but the child’s primary residence is with one parent. The time spent with the non-custodial parent is considered visitation rather than custody. Visitation schedules are often on the weekend, especially for primary school-age children.

Shared Physical Custody

With shared physical custody, also called joint custody, the child splits their time between their parents’ homes. This is often an even split, but not always. A common shared custody schedule is alternate weeks or blocks, such as Monday through Wednesday with one parent, then Thursday through Sunday with the other.

Legal Custody

The other type of custody is legal custody, which includes the details of how the parents manage the child’s well-being. Like physical custody, legal custody can be sole or shared, depending on the child’s needs.

The issues of legal custody are often very nuanced and include elements such as:

• Which school or daycare the child attends
• Which activities the child participates in
• Where the child spends time before and after school
• Who watches the child when each parent is unable
• When and where the child receives medical care
• Whether the child attends religious services, education, and events
• Daily decisions about the child’s care, such as what they wear and eat and when they go to bed
• How to handle discipline

Changing Custody Agreements

Because child custody agreements are a necessity until the child is an adult, they may need to be modified as the child grows and their needs change, and as the parents’ lives and needs change.

Some reasons custody agreements may need to be adjusted are changes in medical conditions, a parent moving to a different city or state, or the child’s involvement in activities that require a lot of time, like competitive sports.

Child Custody FAQs

Q: Who Wins Most Child Custody Cases?

A: Historically, mothers have won most child custody cases, but today, family courts make more balanced determinations based on a wide range of factors in the child’s best interest. When possible, courts prefer that both parents actively participate in raising and caring for their children to provide them with a sense of stability and share the financial and emotional responsibility of child-rearing between the parents.

Q: What Is the Biggest Mistake in a Custody Battle?

A: The biggest mistake in a custody battle is prioritizing anger or resentment over the child’s well-being. This can involve making false accusations, parental alienation, lying, obstructing visitation, or speaking negatively about the other parent to the child or in a legal situation like court or mediation. Some of these actions can lead to a contempt of court charge that could result in penalties like jail time.

Q: What Should You Not Say in Child Custody Mediation?

A: In child custody mediation, you should not say anything untrue or disrespectful about the child or other parent. The goal of mediation is to have open communication, so it is important to keep the child’s interests at the forefront of discussions. While being intentionally hurtful can undermine the mediation process and even actively work against you, lying or making threats or accusations may lead to charges like assault, libel, or slander.

Q: What Kind of Lawyer Do I Need for Child Custody?

A: For child custody, you need a family lawyer who has extensive experience with child custody cases and a proven track record of successful outcomes. Experience is key because child custody cases often include a lot of nuance, and the outcome can have a significant impact on your child’s life and future. An experienced child custody lawyer can identify issues and solutions you may not be aware of and help you make informed decisions.

Take Control of Your Child Custody Situation

The compassionate and experienced legal team at Farias Family Law, P.C. is committed to helping each client have the most positive experience possible and reach their desired outcome in child custody and divorce matters. Contact our office today to schedule a case assessment and discuss your legal options.