Custody in MA

Many times, clients contact our office indicating that they are looking for custody of their children, or that the opposing party is seeking custody. That one word, "custody,” holds a lot of meaning. This post breaks down what custody means under Massachusetts law.

Legal Custody

First, there is legal custody. Legal custody is the ability to make decisions on your child’s behalf. This includes decisions about their health, education, religion, and other big decisions regarding their upbringing. Joint legal custody means that both parents have equal authority to make decisions on behalf of their child. In the alternative, sole legal custody means that only one parent has that authority. The court will determine legal custody based on the child’s best interests.

Physical Custody

Unlike legal custody, physical custody deals with where the child primarily resides. In other words, this is who the child physically lives with, and this parent takes care of the day-to-day needs of the child. Joint physical custody means that the child resides with both parents equally or close to it. Sole physical custody means that the child primarily resides with one parent, and has parenting time with the other.

Parenting Time

When one parent does not have physical custody, they are referred to as the “non-custodial” parent. The non-custodial parent is entitled to parenting time, or time set by the court or the parties in which that parent will have scheduled visitation. The Massachusetts courts consider a relationship with both parents to be in the best interests of the child. Of course, if there are concerns regarding one parent in caring for or seeing the child, the court will take that into account when determining both custody and parenting time.

Questions?

If you have any questions about custody or are faced with a custody dispute, call us for a consultation today. We can help you through this stressful process.