Child Custody & Parenting Time
Guidance on legal custody, physical custody, and parenting arrangements in Massachusetts, with attention to the individual circumstances and best interests of each child.
The wellbeing of children is a preeminent concern for the probate court and practitioners. The word “custody” has two separate components: legal custody and physical custody.
Legal Custody
Legal custody refers to the right of parents to make important decisions for children, such as where a child will attend school; in what religion, if any, the child will be raised; and what medical care will be provided to the child. In divorce cases, upon the filing of a divorce case, temporary legal custody is statutorily presumed to be equal between the divorcing parents under G.L. c. 208, § 31 and courts are generally reluctant to order sole legal custody to one parent. However, the court will consider facts which weigh against shared legal custody, such as abuse and/or alcohol or drug use by a parent.
Physical Custody
The other aspect of custody is physical, i.e., which parent has the children in their care and when. The phrases "physical custody" and "primary physical custody" are a bit outdated, and the word “visitation” is obsolete. “Parenting time” and “parenting schedule” have replaced these phrases. While there is no statutory presumption that parenting time will be equal between the divorcing parents, courts generally take the view that it is in the children's best interest to have significant parenting time with each parent. However, every case is unique and the particular circumstances of each case very much influence the court's decision on parenting time and parenting schedules.
The above is just a broad overview of custody. The team at Fleet Law, P.C., will thoroughly discuss with you all issues in your case and answer all questions you may have.
Discuss Your Situation With Our Team.
Fleet Law, P.C. provides personalized guidance for Massachusetts custody and parenting matters throughout Cape Cod, the Islands, and Eastern Massachusetts. Contact our Cotuit office to schedule a consultation.