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Family Law: Who Will Get Child Custody in a Divorce
One of the most difficult and painful parts of a divorce concerns the children of the marriage. Many times the parents will work out decisions regarding custody between themselves and avoid having a court battle. However, when parents cannot agree who shall have custody, then the court must make the decision.
In awarding custody of a child, the court is guided by what appears to be the child's best interest. The welfare of the child is the chief concern of the court, not the wishes of the parents.
The age of the child is also a consideration in deciding who shall have custody. In the past, younger children were thought to be better off in the care of a mother rather than a father, now the court gives equal consideration to each parent. Many fathers have participated actively in bringing up small children and wish to continue. The courts take a broader view in such cases and attempt to weigh the request of each parent for custody equally.
The court may award joint legal custody to both parents but award physical custody to one parent. This means that both parents can make certain decisions regarding the children, but the child lives primarily in one home with that parent making the daily decisions regarding every day life. The parents must be able to get along and communicate well in order for there to be joint custody.
A child of approximately fourteen years of age may be considered by the court to have reached a sufficient age to make an intelligent choice about with whom he or she prefers to live. While a child's preference is carefully considered by the judge, it is not binding upon the court.
The ability of the parent to promote the best interests of the child in making an award of custody is one of the most important factors in a custody decision. Children should not be used as pawns by parents who are angry with each other. The parent who puts the best interests of the child before personal desires is the parent who is truly working to do the child the most good.
Dissolution of marriage is, at best, a difficult experience. But when children are involved, the issues become more complicated. Few people would argue with the idea that the children should be spared as much of the difficulty as possible. For this reason, it is wise to try to decide custody issues as objectively and unemotionally as possible. Family counseling services can be helpful at such a time.
The court can change custody, according to the best interests of the children at any time until they reach the age of 18.
If you are involved in a custody dispute, consult your attorney and keep yourself as open to your child's interests as you can.
The information provided here is given as a general outline on the legal topic selected and should not be construed as legal advice which can only be given by an attorney. If you need an attorney and do not know of one in your area, you can contact the Massachusetts Bar Association's Lawyer Referral Service at (617) 654-0400 in Boston or 1-800-392-6164 from outside the city. For tdd service for the deaf you can call (617) 338-0585.
Masslawhelp is a public service of the Massachusetts Bar Association.Posted on Apr 27, 2000 |
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