Rockland Child Custody Lawyer
Custody can be a contentious issue, even under the best circumstances. Fight for your parental rights and the interests of your children by hiring the Gilbert Law Offices, P.C. to represent you. Contact our office today to speak with a child custody attorney in Rockland, MA, about your case and start the filing process.
Frequently Asked Questions
What are the primary considerations in a child custody case?
While every case is different, the primary considerations for Massachusetts child custody cases are the child’s education, medical care, religious upbringing, and extracurricular activities.
What is the child custody process in Massachusetts?
Filing for custody is a multi-stage process, so it’s best to partner with a Rockland child custody lawyer for a smooth process. First, you must determine if your child is eligible for custody filing in Massachusetts based on how long they’ve lived in the state, their age, and their dependency status. The next steps are filing the appropriate forms and paying the fees.
After some time, the court will mail you a summons, and the complaint and summons must be served to the other parent as well. You will have to file proof of service for the other parent to the judge. Finally, you will appear before the judge for your hearing and receive a judgment. It’s in your best interest to have an experienced child custody attorney on your side during the hearing.
When can a child custody order be modified?
Under Massachusetts law, custody orders can be altered by the court if the person requesting the change can demonstrate two things. First, they must show that there has been a significant change in circumstances since the previous judgment was made. Second, they must show that the current arrangements fail to meet the children’s best interests.
How is legal custody decided and how can I get custody of my child?
In Massachusetts, child custody is decided based on the "best interests of the child" standard. This principle guides all decisions made by the court regarding legal custody. The court considers various factors when determining what's in the best interest of the child, including but not limited to:
- The emotional ties and relationship between the child and each parent.
- The ability of each parent to provide the child with food, clothing, medical care, and other material needs.
- The overall health (mental and physical) of the child and the parents.
- The child's adjustment to his or her home, school, and community.
- The ability of each parent to meet the child's current and future developmental needs.
- Each parent's income and educational levels.
- Child-rearing skills of each parent.
Can my child choose whether they live with me or with my ex?
In Massachusetts, a child's preference is one of many factors the court may consider when determining what is in the best interest of the child for legal custody decisions. However, there is no specific age at which a child's preference becomes decisive. The court will assess the child's maturity and understanding of the situation to determine how much weight to give their preference.
The court will also consider many other factors, such as the emotional ties between the child and each parent, the ability of each parent to provide for the child's needs, and the child's adjustment to home, school, and community.
It's important to remember that even if a child expresses a strong preference to live with one parent, the court will still evaluate all relevant factors to ensure the final decision is in the child's best interest.
