Child Custody
Child custody involves deciding how major responsibilities and time with the child will be shared between parents. In Massachusetts, custody arrangements are made with one goal in mind: protecting the child’s well-being and promoting a stable, nurturing environment. Whether you're facing a custody issue during divorce or as an unmarried parent, we’re here to guide you through the process with compassion and clarity.
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Robert Carpenter gave me excellent representation in a divorce case, and then a few years later Robert again represented me in a custody case which we won. Robert has years of experience in preparation for trial, in knowledge of law, and in courtroom experience. I wouldn’t want anyone else on my side!
-Dan
Types of Custody
Massachusetts recognizes two primary forms of custody—legal custody and physical custody—each of which may be shared or granted solely to one parent.
Legal Custody
This refers to the right to make important decisions for the child, such as those involving education, healthcare, and religion.
- Sole Legal Custody: One parent has the exclusive right to make these decisions.
- Shared Legal Custody: Both parents must communicate and make decisions together
Physical Custody
This determines where the child lives and who handles daily care.
- Sole Physical Custody: The child resides primarily with one parent, while the other may have scheduled parenting time.
- Shared Physical Custody: The child spends significant time living with both parents, often on a rotating schedule.
How Courts Decide Custody
In Massachusetts, courts base custody decisions on the best interests of the child, considering many factors, including:
- The child’s age, needs, and existing routine
- Each parent’s ability to provide a stable, safe home
- The child’s relationship with each parent
- The mental, emotional, and physical health of all parties
- Any history of abuse, neglect, or substance misuse
- Willingness of each parent to encourage a relationship with the other
We’ll help you build a strong case that reflects your strengths as a parent and prioritizes your child’s future.
Parenting Plans
A parenting plan is a written agreement that outlines how parents will share time and responsibilities after a separation or divorce. A well-crafted plan minimizes confusion and reduces future conflict.
Your plan may cover:
- Weekday and weekend schedules
- Holidays and vacation time
- Transportation and pick-up logistics
- Communication expectations
- How decisions will be made regarding education, healthcare, and more
We’ll help you create a detailed plan that works for both parents and, most importantly, for the child.
Modifying Custody Orders
Life changes—and custody orders may need to change too. If there’s been a significant shift in circumstances, such as a parent relocating, changes in the child’s needs, or issues with compliance, you may be eligible to request a modification.
We can help you file a motion with the court and present evidence showing that the change is in your child’s best interest.
Parental Relocation
If a parent wants to move out of state—or a considerable distance within the state—with the child, it’s considered a relocation case. Massachusetts law requires either the other parent’s consent or a court’s approval.
Courts consider factors like:
- The reason for the move
- The impact on the child’s relationship with the non-moving parent
- Educational and emotional benefits of the relocation
- Whether the move supports the child’s overall well-being
If you're facing a relocation issue, we can represent your interests and work toward a fair solution that considers everyone involved.
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