If you’re angry with your ex, you might be tempted to take it up to the judge, but, as virtually all custody lawyers will warn you, you might not be happy with their decision.
Going through a divorce can be a time fraught with anger and recriminations, and many parents are too caught up in their own misery to stop and consider the best interests of their children. No matter how mad you might be at your now former partner, you must put your feelings aside and think about your children. They are not getting divorced. Their lives are turned upside down and, even if they’re old enough to understand some things, they have trouble adjusting to one of their parents moving out.
If you live in the Bay State, now is the time to seek out the best Massachusetts child custody lawyers and let them help. The decisions you’re making now will affect the lives of your children for many years to come, so you have to choose what’s best for them.
In Massachusetts, there are two types of custody – physical custody and legal custody.
Physical custody refers to the parent the children will live with. Even if you do get sole physical custody of the children, the other parent will get visitation rights.
Joint physical custody means that the parents get to share an equal amount of time with the children. Basically, that’s having the children move between the two houses on a regular schedule. Obviously, this can only work if the two parents live nearby so moving from one parent to the other does not disrupt their normal life (school, sports activities, community involvement).
When you reach out to Boston child custody lawyers or family lawyers in your area, the first thing they’ll try to impress on you is the need to get your emotions under control and work together with your ex to find the best solution for the children. You need to negotiate a parenting schedule that you can all live with. The plan should detail the children’s primary residence, with the custodial parent, and the rights of the non-custodial parent, such as visitation, spending alternate weekends together, holidays, school breaks, etc.
If you’re angry with your ex, you might be tempted to take it up to the judge, but, as virtually all custody lawyers will warn you, you might not be happy with their decision.
If it gets to a trial, things might get very ugly and the judge is mandated by law to have the children’s best interests in mind. If you’re seen as the parent who is difficult and doesn’t understand the children’s basic need to have a good relationship with the other parent, they might not side with you.
However, if the parents work out a fair agreement and are happy with it, the judge will probably approve it.
There’s also the question of legal custody – who gets to make the important decisions for the children’s education or medical needs. Sole legal custody means that one parent gets to decide everything, while joint legal custody means that both parents will be responsible for the children’s welfare. For this to work, they need to put aside their feelings and work as a team.
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