As parents we want our children to have the best upbringing. Unfortunately, there are times when the other parent does not act in the best interests of your child or children. Such instances can include minor disagreements or situations in which a parent actually places a child in danger. It can be necessary to file for custody when your counterpart is not meeting their obligations. When such situations arise, it is crucial that you hire an experienced attorney. Our Boston child custody lawyers have over twenty-five years of combined legal experience and they pride themselves on providing a high level of service. Our firm focuses on this area of law so that you may focus on your family. Contact us today to schedule a consultation. We also service Cambridge, Salem, Dedham, Worcester, and other Massachusetts areas.
Boston child custody attorneys handling cases on behalf of Massachusetts parents
There are two aspects of child custody. “Legal custody” refers to the ability to make decisions which impact the child. These include the ability to consent to medical care, the ability to sign documents related to schooling, etc. “Physical custody” refers to the extent to which a child will be in the care of a particular parent. Massachusetts is a state which presumes both parents should be equally involved in a child’s life. This means that the Court will begin each case with a presumption that the parents should have joint legal custody. The Court will generally award one parent primary physical custody (meaning a majority share of the child’s time) unless it can be shown that joint custody would be in the best interests of the child. The Court’s determination of child support will, in part, be based on the determination of custody.
The Court will consider several factors when deciding what is in the best interests of a child. These factors include the historical relationship between the parents and the child, the needs of the child, the source of any conflict between the parents, whether there is a history of domestic violence between the parents, the need to maintain a relationship between the child and any siblings, as well as additional factors. When considering these factors, the Court will look to documented and objective evidence; a Judge will often give little credence to unsupported claims that the other side is a “bad parent.” Evidence which the Court will consider can include documented correspondence, the child’s educational records, arrest records, proof of alcohol or drug abuse (such as a DUI arrest or failed drug test), and more. It is vital that you retain a lawyer who will assist you in gathering such evidence and properly presenting it to the Probate and Family Law Court.
Our Boston child custody attorneys have over twenty-five years of combined experience in helping families. Edward Swan and Sohail Nassiri will use your initial consultation to help you understand what it is you should expect as the case moves forward. They will quickly file a Complaint with the Court to establish custody or, if you are going through a contested divorce, they will include a custody request in any existing proceedings. Our firm will file a Motion to gain a temporary order of custody, support, and visitation so that you have a structure in place while the case moves forward. We will then use discovery (the process by which information is gained from the other side) to begin building a case on your behalf. If a settlement cannot be reached then we will not hesitate to take your case to trial and we will make sure that the rights of both you and your child are protected throughout this process. We will give your case the attention it deserves. Contact us today.
Lawyers staying in communications with Boston parents facing a child custody battle
If you are in a child custody battle then you are already concerned. It is important that you have an attorney who prioritizes client communication. Our lawyers provide clients with their cell phone numbers, they make themselves available for regular meetings, and they ensure that your questions are answered. We are honored to serve the parents of Boston and we take this responsibility very seriously. We are ready to assist you.
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.