Serving Hampden County and Hampshire County in Visitation Matters
Child custody and parenting plans (also known as visitation) are frequently the most highly contested aspects of divorce. Battles occur between two imperfect people who also intend to be the parents.
The real focus of custody litigation is not to determine which parent is "worse;" rather, who is best for the children. There are no families in Massachusetts where one parent gets an "A" in child raising and the other parent gets an "F." All parents make mistakes, have problems, and strive to do better.
On top of it all, these contentious battles tend to be fueled by other issues such as child support, grandparents' rights, custody evaluations and modifications of existing arrangements. Solving problems arising from unresolved child custody issues is not something that occurs quickly. It is stressful for both parents and children.
With so Many Choices, Why Choose Us?
Determining who gets custody between two imperfect people is a process that oftentimes works itself out with the support of an experienced family law attorney. At The Massachusetts Family Law Group, our lawyers have more than 40 years of combined experience. Several of our lawyers are divorced parents themselves, and they understand the challenges you're facing. Known by some as "the most sought-after divorce attorneys in Massachusetts," our focus is on aggressive representation in complex cases, including contentious custody issues.
There are many Springfield-area divorce and family law attorneys, but few who concentrate on probate and family court matters on a day-in, day-out basis. Our attorneys know the procedures and preferences of the judges in Berkshire, Hampden, Franklin and Hampshire counties, and we tailor our motions and proposed orders accordingly.
Custody Risk Factors
Unless there are allegations of parental unfitness, judges would rather create parenting plans where both parents have joint responsibilities and parenting time with their children. If the matter ends up being an all-or-nothing custodial fight, the judge ends up in the dilemma of making value judgments as total strangers. The judge must assess parenting skills, measure the quality of each household, determine which parent has the better lifestyle, and make other arbitrary decisions that affect the entire family's future.
Factors That Go Into Custody Determinations
When determining how to award legal and physical custody, both the Hampden County and Hampshire County probate and family court judges consider issues such as:
- The extent that the parents have been involved in raising their children
- What the family arrangements were in the past
- Positive and negative consequences of each custody scenario
- The wishes of the child (for older children)
- Whether there has been a history of violence or drug abuse
The court weighs these and other criteria when making a custody determination. The most important factor is always the best interests of the child, rather than the preference of the parents. The recommendations of the family services officer, with whom parents must meet when issues remain unresolved, are important factors in determining the best interests of the children.
Custody Evaluations
A parent can also request a custody evaluation by a guardian ad litem (GAL). These costly evaluations are usually conducted by a psychologist, psychiatrist or other professional trained to assess family situations to determine the best situation for the children.
Contact Our Western Massachusetts Attorneys About Child Custody
Issues relating to custody and parenting time are something that you have to get right; the futures of your children are at stake. Contact our Springfield and Northampton custody law firm for a free, no-obligation consultation by calling (800) 941-DIVORCE or use our online form to schedule an appointment.
