Child Custody

Child custody disputes are an aspect of family law that can come about through a divorce or another family circumstance.  Determining legal custody comes into play with family law when it needs to be determined who will be responsible for making major decisions in a child’s life.  Major decisions can be defined as choices about health care, school, religion, consent to marry, obtaining a driver’s license and joining the military.

Types of Child Custody

There are also different types of legal custody: joint custody and sole custody.  Joint custody means that both parents have equal rights when it comes to making major decisions for their children.  It is assumed that legal custody is joint unless there are specific reasons that the court grants sole custody. One reason why the court may grant sole custody is if there is domestic violence involved or if the parents are incapable of agreeing on important decisions that are in the child’s best interests.

Child Custody Beyond Divorce

It is important to remember that child custody issues do not only exist in divorce cases. Legal custody may be contested if a child’s parents are no longer living, or if there are other extraordinary circumstances.  Also, custody is only an issue until the child is emancipated, as deemed by the state of Massachusetts.  Child support guidelines apply to children ages 0-18  and children over 18 who are still attending high school.  However, emancipation of a child may be up to the child’s 23rd birthday if the child is attending secondary education on a full-time basis and still dependent on the child support recipient.

Although legal custody may appear to be cut and dry, it can be complicated when a parent refutes the decision made by the court – this can result in a custody battle, where one parent is either trying to prove or disprove the necessity for sole custody.  We are child custody lawyers who can help you determine custody issues as soon as possible, in the best interest of you and your children. Call the child custody lawyers at Revelli & Revelli if you need any assistance or guidance.

Child Custody FAQs

Who decides how much visitation is allowed for each parent?

Generally speaking, when physical custody is granted to one parent and visitation to another, the parent with physical custody usually has a say.  While this sounds unreasonable, this works if both parents are willing to work together to determine a fair arrangement.  To avoid conflict over this issue some courts issue a parenting plan that outlines a visitation schedule.

Is mediation the best way to settle child custody disagreements?

Mediation is when a neutral party meets with those who are disputing and helps them agree to settle the dispute at their own terms.  Mediation can be better than pursuing a custody dispute through litigation because mediation does not involve expert witnesses.  Mediation is a quicker process and it can help to enhance communication between parents that benefits the children.