A parent who has legal custody of a child in Massachusetts has the right to have input into the major life decisions affecting the child such as where the child goes to school, whether the child attends summer camp, whether the child goes to college, whether the child undergoes elective surgery, etc….

Legal custody may be “shared” by both parents, or one parent may have sole legal custody. A parent who has physical custody of the child or children is the parent with whom the children principally reside. As with legal custody, physical custody may be shared.

If divorcing parents cannot agree on legal and physical custody, the court is put in the position of evaluating what arrangement is in the best interests of the children. Determining what is in the childrens’ best interests requires the court to consider many factors such as the work schedules of each parent, the childrens’ relationship with each parent, the physical and mental health of both the parents and the children, and each parent’s ability to care for the children.

Massachusetts courts make no presumption about either parent being a better parent than the other regarding child custody.

If you are having Massachusetts Child Custody issues, contact Berretta Law for a free consultation today.

Trevi L. Berretta, Esquire
Berretta Law
P.O. 405
43 Main Street
Franklin, MA  02038
Telephone(508) 254-7460
Facsimile (508) 590-0393