Cape Cod Child Custody Lawyers
Creating Parenting Plans in Cape Cod, MA & Plymouth County
One of the most difficult aspects of ending a marriage is deciding how to divide legal or physical custody of a child. Our Cape Cod child custody lawyers know how hard it can be to create a parenting plan without triggering an ugly battle, and we use our experience to help navigate your family through this difficult time. When you call us, our team will be ready to listen to your situation and help you decide the next steps that you need to take to protect your relationship with your children. When your child’s future is on the line, you need the help of the experienced Cape Cod child custody attorneys at Miller Law Group, P.C..
Call us today for a free consultation with our child custody lawyers in Cape Cop at (508) 502-7002.
How Massachusetts Handles Child Custody Decisions
Massachusetts courts make child custody decisions based on one thing: what they believe to be in the best interests of the child. Sometimes, judges decide that one parent is not fit to take care of a child and will assign full custody to one parent. Other times, judges will split custody between two parents. During a hearing, custody is decided by examining the evidence of various circumstances.
Judges in Massachusetts consider the following child custody factors:
- Which parent is more involved in the child’s daily life
- The age of the children
- Where each parent lives
- The stability of each parent’s household
- What the child wants, if age-appropriate
In instances where equal custody is granted to both parents, it is because judges recognize that children benefit from having both parents involved in their lives. However, every family’s situation is different, and if you believe you should have sole custody, then you need a Cape Cod child custody lawyer to help you gather the evidence to make that case before the judge.
There are two types of child custody and two potential arrangements between parents: physical and legal custody, and sole or shared custody.
Sole Legal Custody
Legal custody describes a parent’s ability to make important life decisions for their child. These decisions include schooling, moral/religious upbringing, healthcare, and a child’s living situation. When a court grants sole legal custody to a parent, it takes away the other parent's right to have a say in how their child is raised. Sole legal custody is often reserved for cases where the court believes the other parent to be a high risk or a threat to the well-being of the child.
Shared Legal Custody
When both parents are competent enough to make decisions and work together for the benefit of a child, a judge will grant shared legal custody. While this does not always guarantee physical custody to either parent, both parents will have a voice in any important life decisions made for their child.
Sole Physical Custody
A parent with sole physical custody is the parent the child lives with. Sole physical custody is granted to a parent only if a court decides that it is not in the child’s best interest to live with the other parent at all. This could be because of physical abuse, a lack of financial stability, or a lack of housing. Parents without physical custody may still receive visitation rights with their child.
Shared Physical Custody
As with shared legal custody, shared physical custody is an arrangement whereby a child splits their time between living with either parent. Alternating homes may not be feasible for every family, but when it works, it allows children to have a regular home life with both parents. Some arrangements allow the child to live in one family home while the parents alternate living arrangements. Thought less common, this arrangement provides the children of divorced parents even more stability.
Protect Your Rights as a Parent by Calling (508) 502-7002
keep in mind that the best way to create a child custody agreement is by making an arrangement out of court. If you and your spouse can create a parenting plan with terms you can both agree to, you'll be able to resolve your child custody issues more quickly, peacefully, and affordably. Our attorneys counsel our clients to at least attempt creating a parenting plan out-of-court, which is often both financially and emotionally easier on them. If that process doesn't work, our attorneys will be prepared to go to court and litigate on your behalf.
Child custody issues might be difficult to workout during divorce proceedings, so the help of an experienced family law attorney is essential. At Miller Law Group, P.C., we know that this time is hard, and we will be the calm and experienced presence needed at negotiation tables or in the courtroom. Our goal is to protect your interests and preserve your relationship with your child. We fight for families because we know how much is at stake for our clients. Importantly, you receive the knowledge of an entire team of experienced lawyers when you turn to our firm. Call us today to find out how we will work to help you.
Our team is ready to talk 24/7 when you call (508) 502-7002. Initial consultation is completely confidential and free.