Massachusetts child custody decisions

April 17, 2013 (Press-News.org) Massachusetts child custody decisions

Article provided by McWalter, Barron & Boisvert, LLP
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When a couple has been in a relationship for a significant period of time, they may start thinking about marriage. Because it is such a major change, they will often spend a considerable amount of time deciding if the time is right. Most are so focused on the positive aspects of the future together that they fail to think about some of the problems that may arise.

No matter how much two people may love one another, some marriages will end in divorce. Marriage requires give and take from both sides, and if that is not happening, it can be extremely stressful. Once the decision is made to get a divorce, the couple then must determine how to proceed. Some are able to work out their differences, and agree to property division and child custody arrangements without the court's assistance, while others may find themselves engaged in emotional discussions about these issues.

In child custody matters, it will be necessary to determine which parent will be responsible for the major decisions in the life of the child. This is often referred to as legal custody, and is occasionally shared between the two parents if they are able to agree. Physical custody, where the child will live, must also be determined, and will generally result in the other parent being offered parenting time with the child.

The court will consider the best interests of the child when making custody decisions. It will examine each parent to determine if he or she is able to provide the care necessary in raising a child. If the parent is engaged in abusive behavior or is dependent upon drugs or alcohol, courts will be reluctant to place a child into this type of environment.

Courts will look at the parent's residence, the relationship that the parent and child share, and also the impact of proposed custody decisions. Older children may state a preference concerning which parent they want to live with, but this will usually not be the sole factor in the court's decision.

Divorcing parents need to know that the court will make a ruling that may be completely against their wishes, and these rulings require a significant change in circumstances before they will be modified. Leaving this important decision up to a complete stranger can bring unpredictable results.

Many parents would do anything for their children, including staying in a marriage that is not working. If you are thinking of divorce, speak to a family law attorney in your area about your situation. The more time you spend preparing yourself, the more comfortable you will be with the entire process. This can help remove some of the stress that often accompanies many divorces.