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Play, download and edit the free video How to Get Sole Custody of Your Children in Massachusetts.

How to Get Sole Custody in Massachusetts

Your children are in danger. Your ex wants custody, but you know that’s a bad idea. They won’t be safe staying there. You need help protecting them, but don’t think you can afford a lawyer. What do you do? That’s where we come in. At Afford Law, we have experienced, compassionate attorneys that can help you. We base our legal fees on our clients’ income. The less you make, the less you pay. You can now get high-quality legal representation at an affordable price. We can get you through this process so you can begin a new chapter in your life. Together with your children, you can start over free to pursue your dreams and achieve the life you deserve.

What types of custody are there in Massachusetts?

There are two types of child custody:

physical custody; and,
legal custody.

These are two different concepts. Physical custody is where your child lives. Legal custody determines who makes important decisions for your child. In each one, the court can grant you sole or joint custody. Courts tend to grant joint custody for each. The idea is that the child benefits from both parents being actively involved in your child’s life. Getting sole legal and physical custody of your child is an uphill battle, but it can be done. A very strong case must be made on your behalf.

What is sole physical custody in Massachusetts?

Physical custody is where your children live. At whose house do they sleep? In a joint physical custody situation, your children live with both parents for periods of time so each spend significant time with the children. In a sole physical custody situation, your child lives with one parent and the other parent has reasonable parenting time, unless the court decides that parenting time wouldn't be in the child's best interest. That’s where we need to make your case.

What does legal custody mean in Massachusetts?

Legal custody has to do with who makes important decisions for your child. Courts generally want both parents to have a say in such decisions. In a joint legal custody scenario, each parent has input into these important areas. In a sole legal custody situation, one parent has the right and responsibility to make major decisions about the child, including issues of:

education,
medical care,
religion, and,
emotional development.

How to get full custody of my children in Massachusetts

How to get full custody of a child is a complicated question. The driving force in every child custody decision is the best interest of your child. Parental rights in Massachusetts favor joint physical and legal custody of a child because it’s believed to be in your child’s best interest. There are no specific requirements guaranteeing that you get custody of a child. Therefore, you must prove that your ex is an unfit parent.

How to prove a parent unfit in Massachusetts

Being an unfit parent is grounds for full custody of a child to be granted to the other parent. The question becomes, how to prove a parent unfit? If a parent neglects or doesn’t provide for the needs and welfare of their child, they could be considered unfit. Some common examples of unfit parental behavior include:

Abuse of your child or others;
Significant substance abuse;
Neglecting the child’s basic needs; and,
Not maintaining contact with your child.

If I have sole custody do I have to allow visitation in Massachusetts?

Just because you have sole custody, you still have to allow visitation, or parenting time, unless otherwise indicated by the court. Courts want both parents to be involved in your child’s life unless there is a specific concern. If you believe that your ex is a danger to your child you can seek an Order denying them parenting time. Alternatively, supervised visitation may be ordered.

If the father is not on the birth certificate do I have full custody in Massachusetts?

Another question is, how to get full custody of a child without going to court. In Massachusetts if the parents of a child are not married, the mother has sole legal and physical custody of that child. No court order about child custody is needed. It is up to the father to establish that he is, in fact, the father. Without doing so, the father has no rights as far as child custody goes. If you’re a mother in this situation, you may still want to get an order from the court if:

The father tries to keep the child from living with you; or,
The father tries to keep you from making decisions about your child’s welfare.

Conclusion

There is nothing more important than our children. Their safety is our number one concern. If you fear that your ex is a danger to your children, you can seek sole legal and physical custody of them. In order to do so, you must prove to the judge that your ex is an unfit parent. This is not easy. There have to be serious problems that cause you concern. But with our help, you can get sole custody and protect your children.

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