Custody, parenting plans and visitation in Massachusetts divorces

March 27, 2013

Custody, parenting plans and visitation in Massachusetts divorces

Article provided by Mirick, O'Connell, DeMallie & Lougee, LLP
Visit us at http://www.mirickfamilylaw.com

Going through a divorce is hard. But, for however stressful a divorce may be for the couple that is separating, it is even harder on their children. Once the divorce has been finalized, if not during the pending of the case, children may have to adapt to a whole new child custody and parenting arrangement. After living their whole lives with both parents in the same home, adapting to a shared custody arrangement can be scary and confusing for the children.

In Massachusetts, courts try to minimize the disruption by using a "best interest of the child" standard with regard to custody and parenting plans. This means that courts will establish a framework that best fosters the child's health, happiness and welfare. While the parents' needs and desires are considered as part of the decision-making process, they are not the controlling factor.

Child custody

There is no "one size fits all" child custody arrangement in Massachusetts. What's more, even though many people imagine a situation in which the mother gets primary custody and the father pays child support, there is no gender presumption in Massachusetts child custody law. Instead, each custody arrangement will be individually tailored to fit the unique needs of the family at issue.

With that said, every child custody arrangement will involve two major components: legal custody and physical custody.

Legal custody refers to the ability to make major decisions about the children's upbringing and development, including education, health care and religious studies. Physical custody, on the other hand, refers to where the children will reside. While a parent with physical custody is entitled to make day-to-day decisions about the children, he or she may not be able to unilaterally make major decisions unless sole legal custody has been awarded.

Both legal and physical custody may be held solely by one parent or shared by both. It is also possible for the parents to share one component of custody but not the other. In some cases, a physical custody designation may not be made and the parenting plan will control.

Parenting plans (visitation)

In cases where only one parent is awarded physical custody, the other parent will generally be awarded parenting time. In some cases, there will be a set parenting time schedule, while in others, the court will simply award "reasonable parenting time" with the assumption that the parents will be able to work things out on their own. In high-conflict divorces, it is usually a good idea to start with a set schedule. Certainly, if possible, the parties should consider negotiating a parenting plan that is in the best interest of their children.

If one parent has a history of abuse, chemical dependency or anything that might make the children unsafe, the court may restrict the parent to supervised parenting time. In supervised visitation, a neutral third party stays with the parent during the visit to make sure the children remain safe. The supervisor can stop the visit if things get dangerous.

Working With Massachusetts Family Law Attorney

These are just a few of the basic considerations relevant to Massachusetts child custody cases. If you anticipate a divorce or are going through a divorce, it is important to discuss these issues with your family law attorney as soon as possible. Your attorney will be able to evaluate your individual circumstances to help you reach a custody arrangement that will keep your children safe and healthy.