- What is custody in Massachusetts?
In Massachusetts, there are two types of custody: legal custody and physical custody.
Legal custody refers to the right to make decisions on behalf of the child. This includes decisions about education, health care, religious practices, and other important matters that affect a child's upbringing. Generally speaking, courts prefer that both parents share joint legal custody whenever possible.
Physical custody refers to where the child will reside. If one parent is deemed unfit or unable to provide for the child's needs, then sole physical custody may be granted to the other parent. In cases where one parent has been granted sole physical custody in Massachusetts, that parent may still be required by law to allow reasonable visitation rights for the other parent unless it can be proven that such visitation would not be in the best interests of the child.
It is important for divorcing couples in Massachusetts to understand their rights regarding custodial arrangements so that they can make informed decisions about their children's future before entering into a divorce settlement agreement with their spouse.
- What are the different types of custody in Massachusetts?
In Massachusetts, there are two types of custody: legal custody and physical custody.
Legal custody refers to the right to make decisions on behalf of the child. This includes decisions about education, health care, religious practices, and other important matters that affect a child's upbringing. Generally speaking, courts prefer that both parents share joint legal custody whenever possible.
Physical custody refers to where the child will reside. If one parent is deemed unfit or unable to provide for the child's needs, then sole physical custody may be granted to the other parent. In cases where one parent has been granted sole physical custody in Massachusetts, that parent may still be required by law to allow reasonable visitation rights for the other parent unless it can be proven that such visitation would not be in the best interests of the child.
It is important for divorcing couples in Massachusetts to understand their rights regarding custodial arrangements so that they can make informed decisions about their children's future before entering into a divorce settlement agreement with their spouse.
- What is sole custody in Massachusetts?
Sole custody in Massachusetts refers to a situation where one parent is granted the legal rights and responsibilities of making decisions on behalf of their child, as well as physical custody, while the other parent may be granted certain visitation rights. Sole physical custody means the child will reside with only one parent.
In cases of sole custody, the court will consider many factors such as each parent's ability to provide a safe and stable home environment for the child; each parent's ability to meet the emotional and educational needs of the child; each parent's willingness to foster a relationship between the other parent and their child; and any history of abuse or neglect by either parent. The court must determine that granting sole custody is in the best interest of the child.
Sole custody does not necessarily mean that one parent does not have any contact with their child. Depending on the circumstances, both parents may still have visitation rights, even if one has been granted sole physical custody.
- What is visitation or parenting time in Massachusetts?
Parenting time, also known as visitation rights, refers to the amount of time one parent is allowed to spend with their child if they do not have full physical custody. In Massachusetts, parenting time is typically granted in accordance with the best interests of the child.
Parenting time may be supervised or unsupervised depending on the situation. Supervised visits are monitored by a court-appointed person who ensures that no inappropriate behavior takes place during visits. Unsupervised visits generally involve one parent spending a certain amount of time with their child without any kind of monitoring from a third party.
Parenting time can also involve alternate residential schedule arrangements, such as when one parent has their child for certain days or weeks and then their other parent spends time with them on different days or weeks.
Parenting plans should always reflect fair access to both parents and be created with the best interests of the child in mind.
