Child Custody
Custody is about the protection and care of a child. There is little dispute between parents about the need to protect and care for their children. There are, however, sometimes heated disagreements about who should provide for them and when.
Child custody is not the purview only of a divorcing couple with minor children. It is a factor among any parents, regardless of any relationship they ever had with one another, so long as they share a child. The love a parent has for a child usually means that legal and physical custody of that child is fraught with emotion.
At Lamb and Lamb, P.C., we understand that the legal process surrounding child custody does not always seem to fit with a parent’s processing of emotions on the issue. Our clients in Salem, Beverly, Danvers, Lynnfield, Peabody, and the surrounding areas in Massachusetts help us understand what they believe is at stake for them and their children. We listen, and we use our legal knowledge and experience to help.
What Are the Variables of Child Custody in Massachusetts?
There are two key options for forging a child custody agreement in Massachusetts. First, parents can discuss the details of an agreement in an effort to create one on their own. If parents can agree to the terms, they can present it to the judge for approval.
If parents cannot agree on the plan details, the judge will decide. Each parent will have an opportunity to argue their position, and the judge will listen, determine what they believe is in the children’s best interests, and rule accordingly.
In all cases, the agreement is driven by the best interests of the child, not that of either parent. Whether the agreement is submitted by the parents, or they argue their positions in court, a child custody order will be issued by the judge.
You should also know that even if you and the other parent believe you can work out an agreement on your own, you benefit from the guidance of a child custody attorney. Only your attorney will be protecting your best interests throughout the legal process.
What Are the Types of Child Custody?
Joint custody is where both parents share the legal and/or physical custody of their children. If sole custody is awarded, only the parent awarded custody will have physical custody of the children or make legal decisions for them.
Unless a parent poses a risk to their children, joint custody is usually awarded. There is a presumption by the court that parents should share time with and decisions about their children.
Legal custody deals with major decisions parents need to make for their children. Such decisions include where they attend school and church, decisions regarding their health and medical care, and other important decisions about their lives. If sole legal custody is granted, only one parent has the authority to make these choices.
Parenting time with a child is part and parcel of physical custody. Even when joint physical custody is awarded, one parent will have primary physical custody. Where that parent lives will be the children’s primary residence. The other parent will spend time with them according to the visitation/parenting time schedule which is part of the parenting plan.
What Factors Will Be Considered in Granting Custody?
In determining what is in the best interests of children involved in custody matters, the court looks at multiple factors. These include the relationships the children share with each parent and each parent’s ability to meet the child’s needs. The judge will review the living arrangements, work demands, and relationships of each parent, as well as how far apart the parents live from one another.
If the child is mature enough to express a preference regarding custody, the court will weigh it. There is no specific age requirement, nor does the judge have to agree with the child.
One of the considerations of a child’s best interest is the relationship between the parents. The court is looking for a parent’s willingness to support the child’s relationship with the other parent.
Can a Child Custody Order Be Changed?
Life changes all the time. The court makes decisions regarding child custody based on the time in which the matter comes before it. However, children mature, and the situations of parents change. For those reasons, Massachusetts law provides for the modification of child custody, but it does not do so lightly.
Modifying a child custody agreement requires significant alterations in the circumstances under which the order was first made. If those changes affect the agreement, either parent may ask the court to modify it.
Examples of material changes include a significant change in the health status or income of a parent, the relocation of a parent, a parent’s marriage, a parent’s repeated noncompliance with the existing order, or a change in the child’s preference regarding which parent they live with.
Child custody orders must be complied with until the court issues a modified order.
ATTORNEY MONIQUE B. LAMB
Since founding the practice on January 4, 1999, Monique has dedicated her career to family law, providing clients with compassionate yet practical guidance through some of life’s most challenging moments. With over two decades of experience, she understands the complexities and emotional toll of family law cases and focuses on achieving resolutions while minimizing unnecessary conflict. [ ATTORNEY BIO ]
"Attorney Boucher-Lamb is thorough, resourceful, and a highly knowledgeable attorney. I hired her many years ago and we have worked together for the past eight years. She is professional, reliable, personable, and an overall fantastic attorney. I highly recommend her; she is fair and gets the job done."
-DANIELLE
"I had a fantastic experience with a very difficult time in my life. The divorce was hard for me, but Monique was the consummate professional. Without her guidance and support, I don't know how I would have made it through."
-DAWN M.
"Monique is a fantastic lawyer. She expeditiously helped my husband and I pull together our estate papers. She was very helpful with any questions I had, and was extremely thorough."
-JESSICA S.
"Monique helped me through one of the worst times of my life. She was always looking out for my interests, she is very knowledgeable in her field, and she is completely genuine."
-ANONYMOUS
Dealing with child custody issues can stir up a lot of emotions and get pretty complicated; it can become even more so when one of the parents may be unfit to have custody of their child. The courts have a big job on their hands in these situations, as they have to figure out which parent is best equipped to take care of the child. They look at a whole range of factors, all with the child's best interests at heart. Whether you believe the othe[...]
