Amaral & Associates, P.C. - Divorce, Family Law

Posts Tagged Child custody attorney Essex County

Types of Child Custody in Massachusetts

Child Custody Massachusetts, Child Custody Mass., Child Custody Suffolk County, Child Custody Middlesex County, Child Custody Essex County, Child Custody Norfolk County, Child Custody Boston, Child Custody Winthrop, Child Custody East Boston, Child Custody Revere, Child Custody Danvers, Child Custody Lynnfield, Child Custody Marblehead, Child Custody Swampscott, Child Custody Nahant, Child Custody Peabody, Child Custody Salem, Child Custody Saugus, Child Custody Arlington, Child Custody Belmont, Child Custody Burlington, Child Custody Cambridge, Child Custody Everett, Child Custody Malden, Child Custody Medford, Child Custody Melrose, Child Custody North Reading, Child Custody Reading, Child Custody Somerville, Child Custody Stoneham, Child Custody Wakefield, Child Custody Watertown, Child Custody Wilmington, Child Custody Winchester, Child Custody Woburn, Child Custody Brookline, Child Custody Braintree, Child Custody Milton, Child Custody Quincy, Child Custody ChelseaIn Massachusetts, like most other states, there are two types of child custody. The first is legal custody and the other is physical custody.

 

Legal custody is the “decision making” custody. The parent or parents who have legal custody of a child have the authority to make decisions regarding the child’s care and upbringing, such as … Read More »



Good Tips for Co-Parenting After a Divorce or Breakup

When a couple divorces (or in the case where they were never married, breaks up), it can be difficult to get along after the breakup or divorce. However, when there are children involved, the couple has no choice but to stay in touch and try to get along after the divorce or break up. As much as one-half of this previous couple may want to ignore the other person and never see or speak to the other person again, the two will have to talk and work together for the sake of the children. Here are some good tips to make things easier for the sake of the kids.

1. Put the children first. Remember, you may not be a couple anymore, but you do have children together. They were innocent in the breakup, and they shouldn’t be pulled into the breakup or divorce. Keep the children out of the “adult” stuff, and put them first amongst all else. As much as you may dislike your former spouse or significant other, you still have to work with him or her for the … Read More »



Understanding Types of Child Custody in Massachusetts

In Massachusetts, along with most other states, there are two types of child custody: 1) legal custody; 2) physical custody. Not all parents understand the difference between the two types of custody, and it can sometimes be confusing.

When a parent has legal custody of a child, then the parent has the right to make important and major decisions in the child’s life. This includes where the child will go to school, decisions about the child’s health and welfare, what religion(s) the child will be raised in, as well as other significant decisions affecting the child. Typically, but not always, both parents share legal custody, which then is known as joint legal custody. However, in certain instances, only one parent has legal custody, which is known as sole legal custody.

The other type of custody is physical custody. This type of custody relates to who the child physically resides with. If a child resides with one parent more than the other parent, then the parent who has the child more of the time has primary physical custody. If parents equally share time with the child, then there is no primary physical custodian, … Read More »



Child Custody and Removal in Massachusetts

It is not uncommon after (or even during) a divorce, a parent seeks to move outside of Massachusetts with the couple’s children. Not only does this impact the custody arrangement between parents, but it can impact the relationship between the children and both parents as well.

Because the impact such a move can have between children and parents, the Massachusetts Probate and Family Court does not take such a move lightly. In typical custody cases, where both parents live near one another, the court applies the legal standard of the “best interests of the child.” This means the court considers what is best for the child when it comes to custody and a parenting plan.

However, when one parent seeks to move out of state with the parties’ children, there is a higher legal burden on that parent than just the “best interests” standard. In such cases, pursuant to M.G.L. c. 208 §30, a parent must either obtain the consent of the other parent to move out of state with the children, or obtain the approval of the court. Where court intervention … Read More »



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