Child Custody Lawyers in Danvers, MA

Other Types Of Child Custody

Child custody can be confusing, as many different types and terms are used. 

Below are some of the most common terms used when discussing child custody.

• Joint custody. This could refer to legal or physical custody. Parents may have joint legal custody, joint physical custody, or both. Joint custody does not necessarily mean the child spends equal time with each parent.
• Sole custody. One parent has exclusive legal and/or physical custody rights. The noncustodial parent may still have parenting time, but they may not have the primary residence or decision-making authority.
• Primary custodial parent. This is a term usually describing the physical custody designation. The primary custodial parent is the parent with whom a child spends more than 50% of the time and with whom the child primarily resides.
• Noncustodial parent. This is the parent with whom the child does not primarily reside. This parent typically has parenting time and may be obligated to pay child support.
• Parenting time. This relates to the schedule detailing who will parent the child at any time. Many variations of parenting schedules can be designed. Every case will result in a different schedule that is best for the parties and children’s circumstances. The parenting plan may occasionally require supervision for one of the parties. 
• Split custody. In multiple children, split custody may occur where each parent is granted primary physical custody of at least one child. This arrangement is not typical and is generally used when deemed in the children’s best interests.
• Bird’s nest custody. This is another uncommon arrangement. It occurs when the child remains in one home, and the parents take turns living there with the child. The non-residential parent lives elsewhere when it’s not their scheduled parenting time.
• Temporary custody. This may be awarded during the divorce or separation process before a final custody arrangement is determined. It is not necessarily indicative of the final custody outcome.

Factors the Courts Consider in Child Custody Awards

Child custody decisions are complex and are made with the child’s best interests in mind. 

While specific factors can vary by jurisdiction, common factors that most courts consider when determining child custody include:

• Child’s best interests. This is the overarching principle guiding custody decisions. Courts aim to determine what arrangement best serves the child’s physical, emotional, and developmental needs.
• Parental fitness. Courts assess each parent’s physical and mental health, including any history of substance abuse, domestic violence, or criminal activity.
• Emotional bond with each parent. The court may consider the emotional ties between each parent and the child and each parent’s ability to provide a stable and loving environment.
• Child’s age and developmental needs. The child’s age and developmental stage are considered. Younger children may have different needs than older children, and custody arrangements may be adjusted accordingly.
• Stability and continuity. Courts often favor maintaining stability in the child’s life. They may consider the child’s school, community, and established routines.
• Parental cooperation. A willingness and ability of each parent to encourage and facilitate a positive and ongoing relationship between the child and the other parent may be considered.
• Parental capacity to provide. The court assesses each parent’s ability to provide for the child’s physical, emotional, and educational needs.
• Geographic proximity. The proximity of each parent’s residence to the other can be a factor. Courts may consider how easy it is for the child to maintain relationships with both parents if they live in different locations.
• Criminal history. Any history of criminal activity, especially if it poses a risk to the child, may be considered.
• Child’s wishes. Depending on the child’s age and maturity, the court may consider the child’s preferences regarding custody arrangements. However, the weight given to the child’s wishes varies by jurisdiction and age.
• Parental involvement. The court may assess parental involvement in the child’s life, including participation in school activities, healthcare decisions, and general parenting responsibilities.

These factors are not exhaustive, and the weight given to each factor can vary depending on the specific circumstances of the case and the jurisdictional laws involved. If a matter affects the child, the court will likely consider it when awarding custody, even if it is not one of the abovementioned factors. Our family law attorneys can provide specific guidance based on the details of your case and the relevant laws in your jurisdiction.

Paternity

Establishing paternity is crucial for custody matters involving unmarried parents. In Massachusetts, paternity can be established through a voluntary acknowledgment by both parents or through court proceedings. Once paternity is established, both parents can seek custody and visitation.

Relocation & Removal to Another State

If a custodial parent wishes to relocate with the child to another state, they must file a motion with the court to seek approval. The court will assess the move’s implications for the child’s wellbeing, including the impact on the child’s relationship with the non-custodial parent.

Co-Parenting with a Difficult Person

Effective co-parenting is vital for the child’s wellbeing, but it can be challenging when dealing with difficult personalities. Open communication, setting boundaries, and focusing on the child’s needs are crucial strategies for navigating these situations. Seeking our firm’s support can help create a structured plan prioritizing a healthy co-parenting relationship.

Abuse or Neglect

In cases where evidence of abuse or neglect is found, the court prioritizes the child’s safety. Any reported incidents will be taken seriously, and the court may restrict the implicated parent’s custody or visitation rights. Documenting any incidents and seeking immediate legal advice to protect your child is crucial.

Narcissism & Its Impact on Custody