Last Updated on March 23, 2024 by Saira Farman

Legal and physical “custody” of children is dealt with by the Boston court system, with legal custody dealing with the decision-making abilities and physical custody dealing with day-to-day child care. Child visitation refers to any time spent with your child by a parent who isn’t the “primary” caregiver.

Boston is no exception to this rule, as are all other U.S. jurisdictions. In a divorce, annulment, or paternity case, child custody and visitation is usually the most significant issue for the litigant and their counsel.

To order for a child’s care or custody in divorce or annulment cases in Massachusetts (including Boston, New Bedford, and Hingham), you have to go to Probate and Family Court under coil law. While a divorce case is underway, the probate court has the authority to issue temporary measures to safeguard children. Among those who can launch a custody case are the child’s parents and the child’s next-best friend.

As long as a divorce and separate support issue are pending in a Boston, Middlesex, or Norfolk family court, either party may file a petition for child custody and visitation orders in Plymouth or Bristol. During divorce proceedings, legal and physical custody is on the table.

For the most part, legal custody implies the power to make choices regarding a child’s health and safety in addition to their education, religious upbringing, and other aspects of care. When we talk about physical custody, we’re talking about taking care of a child daily. In addition to physical custody, the court may order visitation privileges.

Forms Of Legal And Physical Custody In A Divorce

Divorce cases involve certain presumptions that must be well understood before proceeding. To begin, all parties are presumed to have equal rights and obligations. In addition, shared legal custody is supposed to be appropriate. As a result, both parents are equally involved in the decision-making process about their kids.

There is also no assumption that the parties will always share shared physical custody. As a result of this absence of presumption, the law of many other states differs. Parental visitation rights are accorded to both parents in the majority of situations. If it is in the best interests of a kid or children, a court may restrict, limit, or terminate visitation.

How Does A Court Decide Who Gets Custody Of A Child?

When awarding custody, the courts must consider a variety of significant criteria. There is much authority in the courtroom for judges to issue decisions that they feel are in the best interests, which is always their primary concern. Others include a history of domestic violence and child abuse if one parent is addicted to alcohol or drugs and the stability of both parents, and how both parents assist the other parent’s relationship with a kid, among other things.

What To Look For When Choosing A Child Custody Lawyer

When it comes to choosing a divorce and custody lawyer, it may be a daunting job. Throughout the Commonwealth, there are many family law attorneys. Some attorneys are indeed exceptional, while others are not.

We usually encourage potential clients to interview many attorneys to select the one with the perfect combination of expertise, experience, communication skills, and a track record that matches their needs and expectations. When interviewing attorneys, ask them if they have experience with situations similar to yours.

Additionally, the attorney you pick should be a good fit for your personality as a whole. When it comes to the aims of your lawyer, it’s essential to know what they are. While describing what might happen at various phases of your case, an attorney should also inform you of the anticipated outcome of your case in advance.

Your attorney’s billing methods should be clearly stated. In most situations, the entire cost of a lawsuit relies on the intricacy of the case and the conduct of the opposing side, respectively.

Dedicated Child Abuse Attorneys In Boston, New Bedford & Hingham

You need an experienced, seasoned attorney who knows the nuances of child custody and visitation, whether you have an uncontested control and visitation scenario or a highly disputed charge and visitation situation. Our Boston child custody attorneys have years of expertise and are ready to answer your inquiries right now. Please feel free to contact us by phone or email at any time.