F.A.Q.

Types of Custody
Legal Custody-
This type of custody gives a parent the right to participate in major decisions affecting the child, including, decisions about religion, medical care, and education.

Physical Custody-
Refers to who the child lives with. Parents can be awarded sole physical custody, or joint physical custody. If a couple is married and there has never been a court order pertaining to custody then both parents have custody

 

Court Order of Custody
A court order can be obtained in a number of ways. Married couples can seek custody in divorce proceedings or a Complaint for Separate Support. Unmarried parents can seek custody through a Complaint for Paternity or a Complaint for Custody and Support and Visitation.

Custody can also be granted by filing a Motion for Temporary Orders. Temporary Orders are as their name suggests, temporary in nature, but they can provide for an order of custody to one parent during the pendency of divorce proceedings.  These motions are used primarily where there is a pressing need that cannot wait for a trial. This is most often used when there is an issue of abuse, neglect and/or potential for kidnapping.  Absent these issues the there is a presumption in favor of joint legal custody during the pendency of the case.

You can seek custody in divorce proceedings or a Complaint for Separate Support. Unmarried parents can seek custody through a Complaint for Paternity or a Complaint for Custody and Support and Visitation.

Custody can also be granted by filing a Motion for Temporary Orders. Temporary Orders are as their name suggests, temporary in nature, but they can provide for an order of custody to one parent during the pendency of divorce proceedings.  These motions are used primarily where there is a pressing need that cannot wait for a trial. This is most often used when there is an issue of abuse, neglect and/or potential for kidnapping.  Absent these issues the there is a presumption in favor of joint legal custody during the pendency of the case.  

 

Custody Plans
The parties jointly or individually shall submit to the court a custody plan explaining how the parties will share custody. This plan needs to make provisions relating to the child’s education, healthcare, the periods of time the child will spend with each parent including division of holidays and vacations, and how the parties intend to resolve any disputes relating to parenting decisions.  The court can choose to accept, modify or reject the parenting plan.

We proudly serve the communities of Acton, Ashland, Newton, Waltham, Brighton, Wellesley, Cambridge. Somerville, Everett, Boston, Canton, Quincy, Dedham, Braintree, Walpole, Wrentham, Dorchester, West Roxbury, Woburn, Salem, Beverly, Peabody. We practice in Middlesex, Essex, Norfolk, Suffolk & Worcester Counties.