We live in a constant state of worry when it comes to our children. This worry can be greatly increased when one shares custody of their child with the other parent. Mothers and fathers have a responsibility to act in the best interests of their young ones but, unfortunately, there are times when this responsibility is not met. Your child’s other parent may be failing to adequately supervise them, they may be failing to provide adequate shelter, or they may be endangering your young one. When these types of situations arise then it may be necessary to request that the court change or modify your child custody arrangement. Such matters can involve complicated legal issues and it is important that you retain an experienced attorney to assist you. Our Boston child custody lawyers handle cases involving modifications. Contact our office today to schedule an initial consultation. We also service Cambridge, Salem, Dedham, Worcester, and other Massachusetts areas.
Boston attorneys filing for a change of custody when it is in a child’s best interests
Parents may request a change of custody after the Probate and Family Court has entered its initial order. In order to request a modification, a parent must show that there has been a material and significant change of circumstances since the entry of the prior order. It must also be shown that, due to the changed circumstances, it is now in the best interests of the child to modify custody and visitation. It is important to understand that the Court typically will not consider facts which arose prior to the last order. If the Judge grants a modification then they will also issue a new ruling regarding visitation and child support.
There are a variety of factors the Court will consider when determining whether a modification is in the child’s best interests. These factors include the wishes of the child (depending on the child’s age and maturity), the source of any conflict between the parents, the ability of each parent to meet the needs of the child, whether acts of domestic violence have been committed by one of the parents, the need to maintain a relationship between the child and any siblings they may have, and more. It is important to understand that the Court will typically look to documented evidence, and not “he said, she said,” when determining what is in the best interests of the child.
The first step in modifying custody is to file a Motion with the Court. This is a formal document in which the requesting party explains how circumstances have changed since the last order and why custody should now be modified. The Court will hold an initial hearing. At this hearing, the Judge may deny the request, they may make a temporary modification while setting a trial date to determine if the change should be permanent, or the Court may leave the current order in place for the time being while also setting a trial date to determine if a change should be granted. The requesting party’s counsel will then begin accumulating evidence which shows that a change is appropriate. If a settlement cannot be reached then the matter will conclude at a trial. Litigating such matters can involve complicated factual and legal issues. It is crucial that you retain an experienced lawyer to assist you.
Our Boston child custody attorneys assist those in need of a modification. Edward Swan and Sohail Nassiri will use your initial consultation to help you understand whether you have a legitimate case for a change and what to expect from the process. We will quickly file your initial Motion and, if the matter is an emergency, our firm will request an immediate hearing. We will argue for an immediate change of custody. Our firm will then use discovery (the process by which information is gained from the other side) to gather evidence showing that a change is in the child’s best interests. Such evidence can include police reports, drug test results, medical records, employment files, printouts of correspondence, etc. We will prepare your case for trial and protect your rights from beginning to end. We understand that this is a serious time in your life. We will give your case the attention it deserves. Contact us today.
Lawyers staying in contact with Boston parents throughout the change of custody process
If you are requesting a change of custody then you are already worried about your child. You do not need the added worry which is caused by an attorney who fails to communicate with their clients. Our lawyers make client-communication a priority. This includes the providing of their cell phone numbers, their being available to answer your questions, and making sure that you receive copies of Court documents. We are honored to serve the Boston area and we bring a high level of service to every case we handle.
We also assist Massachusetts residents in the Middlesex County cities of Cambridge, Lowell, Somerville, and Newton, as well as those in the cities of Salem, Dedham, Worcester, Brockton, Quincy, and Lynn.