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

Posts Tagged child custody help

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 & Visitation Mediation

Child Custody & Visitation Mediation FAQ’s

Do you wish there was a way to make getting a separation from your significant other or divorce from your spouse easier on your children?

Mediation helps preserve and maintain whatever is left of the good part of your relationship by significantly reducing the tension of getting a divorce. Parties who mediate their family law matters are typically able to reach an agreement that first serves the “best interests” of their children and then themselves.

Who is best suited to make decisions about your children?

Typically the parties are more satisfied by having arrived at their own “solutions” to the problems as opposed to having a judge ram a decision against you both that neither party may like.

How do you know if mediation is right for you?

Mediation may be an option if each party wants to save money for their children’s interest instead of paying excessive fees to their lawyers and if both parties wish to reach and create a thorough agreement in a short period of time usually a month or so as opposed to waiting close to 14 months for the traditional … Read More »



Paternity Issues in Massachusetts

In Massachusetts, if a child is born out of wedlock, the child’s biological father is not deemed to be the child’s legal father, unless paternity is established. Establishing paternity is important for many reasons, and can be done in multiple ways.

The easiest way to establish paternity is when the child is born, the child’s biological father may sign a form known as an acknowledgement of paternity, in which he states and acknowledges that he is the father of the child. In this case, when the form is properly signed, the father’s name will then appear on the child’s birth certificate, and then the father is legally deemed to be the father of the child.

Another way to establish paternity is by a court order. Either the mother or the father may file a Complaint to Establish Paternity with the Probate and Family Court. Here, this is a formal legal case that is heard by a judge of the Probate and Family Court. Typically once a Complaint for Paternity is filed by either parent, then the court will order DNA testing for … Read More »



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