There are two types of custody in Massachusetts: legal custody and physical custody. The current legal definition of “shared custody” is “the ongoing mutual responsibility and participation of both parents in important decisions concerning the well-being of the child, including matters of education, medical care, and emotional, moral and religious development.” Most divorced parents share custody, and while there is a presumption that the mother retains sole custody of an illegitimate child if there is a history of parents making joint decisions about the child, unmarried parents often share custody. When it comes to applying for sole custody of a child, there are two types, custody and physical custody. When you receive custody of your child, you have been given absolute and complete authority over all decisions affecting your child`s life. These choices can range from childcare, religion, school, health care and more. In the absence of material problems with one of the parents, the courts are inclined to order joint custody – they want both parents to be involved in decisions that are important to the child as much as possible. If the court system assigns sole custody of the child, it simply means that the child lives primarily with one parent and usually receives visits to the other. In determining whether temporary joint custody would not be in the best interests of the child, the court considers all relevant facts, including, but not limited to, whether a family member has abused or left the child, and whether the parties are able and willing to deal with issues in the past: which concern the child to cooperate. When married parents apply for divorce or custody, they automatically have temporary joint custody of their children, but the court may award temporary sole custody to one of the parents if it determines in writing that temporary joint custody is not in the best interests of the child. Parenting time allows a parent who does not have primary custody to spend time with or visit them. The location of visits, the frequency of visits, and whether or not visits should be supervised by another adult may be determined by parental agreement, which must be approved by the court. If the parents cannot agree, everything is decided by the court.
“Sole custody” means that a parent has the right and responsibility to make important decisions regarding the child`s well-being, including matters of education, medical care, and emotional, moral and religious development. The place where a child lives is called “physical custody”. The current legal definition of “shared custody” in Massachusetts is when a child “has times when they are with each parent and are under supervision; provided, however, that custody is shared by the parents in such a way that a child has frequent and continuous contact with both parents. If a child lives with one of their parents about two-thirds of the time, this agreement is usually called primary custody or primary residence with one of the parents. If a child lives in equal or approximately equal shares with both parents, this agreement is linked to joint custody. There are also parenting options that fall between these two models, which I call “hybrid” child care arrangements. An example of a hybrid child care arrangement is when a child lives primarily with one of their parents during the school year and spends the same time with both parents during the summer. Judges, mediators and lawyers have also become increasingly sensitive to the terms used when referring to parental plans.
Sometimes I suggest that the term “physical custody” is not used in a settlement agreement to avoid a power struggle between parents over terminology and to focus on developing a better parenting plan for children. Sole custody is very unusual and means (whether in terms of legal or physical custody) that all custody is transferred to a parent. In general, a party can prove to the court that final joint custody is in the best interests of the child. You are in a very emotional position at the beginning of the divorce or custody proceedings, and your anger at the other parent for reasons unrelated to the child should not be the reason you are seeking sole custody. If you have sole custody of your child, all important decisions in the child`s life will be made by you, and the other parent will not have the right to intervene or even get involved. The courts will consider the conduct of the other parent and you will need to provide evidence that custody of the other parent is not in the best interests of the child. For example, a history of violent behavior, drug or alcohol abuse, or placing your child in a dangerous living situation are important factors. If the other parent has exhibited this type of behaviour in the past and poses a risk to the child, the court may grant you exclusive legal and physical custody of the child. Since sole custody is decided by the courts, they have the discretion to make arrangements and orders as they see fit. The courts may grant sole custody to one of the parents and order both to share custody. The court may also order joint legal and physical custody. If you already have an order, you have the right to apply to the court for an amendment to the agreement if you believe it is in the best interests of the child.
Where the issue of custody is contested on the merits and one of the parties requests joint legal or physical custody, the parties shall jointly or individually submit to the court, at trial, a joint custody implementation plan setting out the details of joint custody, including, but not limited to, the education of the child; the child`s health care; procedures for the settlement of disputes between the parties concerning decisions and obligations to educate children; and the periods during which each party stays or visits the child, including leave and vacation, or the procedure by which such time limits are established. In general, there are four main considerations regarding custody: the religious education of the child or children; medical care for the child(ren); extracurricular activities; and education.. .