When parents divorce, it is important to learn about the child custody and visitation options that are available and the legal standards that apply. In many cases, divorcing couples can ultimately agree on custody and visitation issues without the need for a court order. When an agreement cannot be reached, knowledgeable advice and representation from a family law attorney can often make the difference.   

Attorney Irwin M. Pollack and the lawyers in Hampden, Hampton, Franklin and Berkshire counties make their primary focus on maintaining the status quo and helping children adjust.

Custody Basics

More and more, courts are encouraging parents to continue working together to raise their children after their marriage has ended. The duty to provide day-to-day care of a child and the right to direct the child’s daily activities is known legally as physical custody. Legal custody means the rights and responsibilities associated with decisions regarding the child’s upbringing. 

Shared parenting and the concept of a Parenting Plan are relatively new in child custody in Massachusetts. Here, children spend relatively even amounts of time with each parent and the parents share legal and physical custody. 

Determination of Custody and Visitation

Divorcing couples often tackle custody and visitation issues as soon as they separate. Courts generally honor both long-term and short-term custody arrangements agreed to by parents. When couples can’t agree, procedures exist throughout the divorce process, including custody evaluations, to resolve custody conflicts.  

Modification of Custody and Visitation

Once the issues of custody and visitation have been resolved, either by the court or the by agreement of the parents, specific procedures must be followed to change the arrangement.

If the parents reached their agreement through mediation, they may have to go back to mediation to make modifications later. If custody was established by a court order the parents must typically petition the court to make any modifications.

Sometimes, one parent wants to move away with the children. In order to support a request for a change to a custody or visitation arrangement, the parent seeking the modification must show a substantial change in circumstances. Learn more about how to change your custody plan.

For aggressive representation about any aspect of your custody, visitation, parenting plan or any divorce-related matter, count on Attorney Irwin M. Pollack and the family law attorneys from The Massachusetts Family Law Group. 

Call (800) 910-DIVORCE or contact us for a no-obligation consultation in our Springfield office.  Early morning and weekend appointments are also available in our Worcester, Dedham, Andover, Plymouth and Cape Cod offices.  Contact Us