A Judge has great discretion and many options when deciding child custody in Massachusetts. A Judge can award custody solely to one parent, order both parents to share custody equally, or to divide parenting time on any other formula that the judge decides. A judge will make orders for custody when school is in session, when the school is on vacation, and for holidays. The judge even has the power to grant parenting time to an adult that is not a biological parent when there is a sufficient relationship between the adult and the child.
Most Judges favor shared custody for children because it allows the child to have a continuing and meaningful relationship with both parents. The experts claim that such shared custody is ideal. Every case is different and people should not expect a particular result if a judge has to make the custody decision.
In Massachusetts, the court determines child custody based on the best interests of the child. Here are some key factors the court considers:
Child’s Well-being: The court looks at the child’s overall well-being, including their physical and emotional health. The Court will also consider any special needs the child may have and each parents’ ability to care for these special needs.
School and Community: How the child is doing in school and their involvement in the community are important considerations. School attendance and performance are particularly important. Participation in extracurricular activities and each parents’ willingness to involve the child in these activities should be considered.
Relationships: The child’s relationship with each parent and other family members is taken into account. The Court should also consider each parent’s willingness and ability to foster a good relationship between the child and the other parent.
History of Abuse or Neglect: Any history of abuse, drug use, or abandonment by the parents is a critical factor. This is true even if the child was not the victim of the abuse.
Parent’s mental health. If the parent has mental health issues, these may be considered by a judge in terms of how the parent may care for the child.
Primary Caregiver: The court considers whether one parent has been the primary caregiver in the past and the bond between each parent and the child.
Child’s Preference: Depending on the age and maturity of the child, their preference may be considered, although it is not the deciding factor.
The goals are to have each child develop as a adult who has stable relationships and employment. In addition, a Judge will want to help the child be happy and enjoy life both as a child and as an adult.
There is no one way to approach child custody. Every case has its own set of circumstances. If you have a child custody contest in court you should consult with an experienced divorce attorney.
