Ending a marriage comes with many complicated and emotional issues that must be resolved like joint bank accounts, child custody, and a shared house. It’s important to understand how judges make custody decisions in Andover, Massachusetts to prepare for the legal process and possible outcome. A divorce attorney from Turco Legal P.C. can walk you through the steps involved and give you expert guidance to help you avoid making mistakes that can jeopardize your interests.
Divorce Mediation
After you and your spouse decide to separate, you must create a parenting agreement that works for both of you. Such decisions can be emotionally challenging, so you may want to try mediation. During this process, a neutral third party facilitates the discussions between you and your spouse while you try to resolve your differences and compromise to develop a parenting plan. Whatever your requests are, the mediator brings them to your spouse and determines the terms they will accept and return to you. If mediation fails to help you reach amicable settlement agreements, your case will go to court.
Child Custody Arrangements
Below are the custodial arrangements that exist in Massachusetts:
- Sole legal custody. This arrangement indicates that one parent has the responsibility and right to make major decisions for the child’s medical care, religious, emotional, and moral development, and education.
- Shared legal custody. Under this arrangement, both parents make major decisions together.
- Sole physical custody. When you choose this arrangement, one parent must live with the child while the other is given visitation.
- Shared physical custody. In this arrangement, your child shares their time between you and your spouse, living with you both during a scheduled time.
The Rights of Parents
When action is filed upon a party’s request, a family law judge will grant a temporary shared legal custody order to make sure the parents are aware of how to proceed until the judge makes the final decision. If a parent has a history of neglect or abuse of children, a judge may grant sole legal custody to one parent.
Generally, judges equally consider every parent’s rights. Decisions regarding child custody are based on the child’s happiness and welfare.
Legal Custody Arrangement Components
Court decisions should include the residence, visitation or custody schedule, healthcare, and education of the child. Also, the arrangement must spell out how the parents must resolve disputes if they cannot reach an agreement on their own.
Unless there is an order that requests the non-custodial parent to vacate, both parents have access to the medical, legal, health, or academic records of the child. During this process, decisions regarding the child’s childcare expenses, health insurance, and child support must also be made. Additionally, parents must determine the party who can claim the child on their tax returns and the schedule.
Custody Determination
Family law judges in Massachusetts determine child custody based on the best interest of the child. Generally, both parents are treated equally and the child’s welfare and happiness determine their custody. When a court considers the child’s welfare and happiness, they take into account whether the present or previous living conditions of the child adversely impact their physical, emotional, moral, and mental health.
Once custody arrangements are determined, co-parents must look for a way to communicate to stay updated on the child’s events and the parenting time schedule. Also, this allows them to share information that is necessary to the well-being of their child.
If you are fighting for your parental rights, a skilled family law attorney can help. A good attorney knows that dealing with divorce and child custody matters is hard and emotionally taxing. However, you do not need to face these issues alone.
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