The Basics of Physical Custody in a Massachusetts Divorce
Courts look favorably to a parent taking an active role in a child's life, and an experienced family law attorney may be able to help a parent get physical custody by showing the court it is in the child's best interest to do so.
July 01, 2011
The Basics of Physical Custody in a Massachusetts DivorceChild custody is often one of the most disputed aspects of a divorce. Parents are understandably concerned the divorce will restrict the time they can spend with their children. Fortunately, courts look favorably to a parent taking an active role in a child's life, and an experienced family law attorney may be able to help a parent get physical custody by showing the court it is in the child's best interest to do so.
A judge, at his or her discretion, decides which parent will have physical and legal custody. The person who gets physical custody is called the custodial parent. In most circumstances a judge will award visitation rights to the non-custodial parent, so long as the non-custodial parent is not abusive, an addict or otherwise an unfit parent. Visitation rights are exclusive scheduled time the non-custodial parent can spend with the children, which usually happen on weekends or for several weeks in the summer.
Physical custody is distinguished from legal custody in that legal custody involves decision-making and caretaking for the child regarding education, religious training and medical decisions, among others. The judge will determine legal custody separate from physical custody.
In Massachusetts, there are two types of physical custody:
-Sole physical custody, where a child lives with one parent and the other obtains visitation rights so long as that is in the child's best interest; and
-Shared physical custody, where a child lives with and is supervised by both parents, so long as the parents share physical custody in a way that the child gets continued contact with both parents
However, just because the parents share physical custody, that doesn't necessarily mean the children will split time evenly between parents.
How a Judge Determines Physical Custody
The judge determines all custody matters in the best interests of the child. Both parents have an equal right to obtain physical custody. For a custody decision the court will look to the child's present or past living conditions, and decide if future circumstances for either parent would adversely affect the child's physical, mental, moral or emotional health.
How a Family Law Attorney Can Help
When representing yourself to the judge, an attorney can help you to put your best foot forward and explain all of the reasons why it is in the best interest of your child or children to live with you. An experienced attorney can also help to fight any false accusations made by a soon-to-be ex-spouse to prevent custody or visitation rights.
Article provided by Andrew H.P. Norton
Visit us at http://www.anortonlaw.com