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Few things in a divorce are as hotly contested as child custody. That’s understandable; most people consider their children the most important part of their life. Getting into a long and vicious custody battle, however, is not ideal for anyone involved, especially the children.

At McCarthy Law Offices in East Boston, we have more than 50 combined years of experience in Massachusetts family law. We know, from personal and legal experience, that custody is an emotional issue that requires a steady lawyer to keep you grounded and moving forward. You can rely on us to take your concerns to heart and work hard for an outcome that is best for your children.

How Is Child Custody Determined In Massachusetts?

Massachusetts custody law follows the principle of the best interests of the children. In determining custody arrangements, the court will decide which parent is the right choice for the children. Most of the time, legal custody is shared. In some cases, physical custody is also shared. There are situations, though, in which one parent is granted legal and physical custody, and the other parent gets visitation rights/parenting time.

Custody decisions include the following considerations:

  • Whether one parent should have sole legal custody (the right to make major decisions, including medical and education decisions) or whether the parents should share it (joint custody)
  • Whether there will be sole or shared physical custody (where the child resides)
  • How visitation rights should work when one parent has sole physical custody
  • How child custody will affect child support
  • Any prior or current restraining orders
  • One parent’s wish to move out of state

Remember, every case is unique and should be discussed with an experienced custody attorney.

Can You Determine Custody Outside Of The Courtroom In Massachusetts?

Yes, custody is most often decided by the parents going to mediation. This process is typically faster, less stressful and less expensive than a trial. It’s also better for the family because the parents get to choose the arrangements that work best for them and their children. Leaving it up to a judge is far riskier. If the other parent will not work with you in mediation, however, we have the trial experience you need to take them to court.

Can Custody Agreements Be Modified?

Yes, this is quite common. As children grow and family members’ lives change, modifications to the custody agreement may be necessary. You can work out the details in mediation if that is right route for your family. When mediation is not the best fit for your situation, we can take the case to court.

How Much Does A Child Custody Lawyer Cost?

The cost will vary depending on the circumstances of the children and parents. If the parents can work together through mediation to reach an agreement, the cost will be lower. If they take the matter to trial, the cost will be considerably higher. The longer it takes and the more complex the issues are, the greater the expense will be.

Get Started On This Important Issue Today

You will feel better when you get answers to your custody questions and begin to take action. Contact us for a free consultation by calling 617-505-1458 or sending an email. We can make arrangements to meet with you at our office, your home or another place that is convenient for you.