Boston Child Custody Attorneys

Handling Child Custody & Visitation Matters

At Davis & Davis, P.C., our goal is to help clients make informed, cost-effective decisions while diligently protecting their relationships with their children. Our founding lawyer, Patricia Davis, has 25 years of experience in family and divorce law in Middlesex, Essex, and Suffolk counties.

Conducting a Cost-Benefit Analysis Can Help Resolve Custody Disputes

Sometimes a parent’s desire for primary custody is financially motivated. For instance, if a father cannot afford to pay $800 a week in child support, he may be determined to fight for custody as a way of reducing his support payments.

This means that one key to resolving many custody disputes is to conduct a cost-benefit analysis. The cost of a full-blown custody battle can potentially nullify any financial benefit a parent would gain from winning custody. If we must litigate a dispute, it entails numerous expenses, including hiring a guardian ad litem to determine what is in the child’s best interests.

Understanding the true cost — both financial and emotional — of taking a child custody case to trial can often prompt compromise.

Types of Child Custody in Massachusetts

In the state of Massachusetts, custody is broken into four categories: legal, physical, joint or sole custody

• Legal custody deals with a parent's authority in major decisions such as child's education, health care, and emotional, moral, or religious development.
• Physical custody refers to the time that a child spends under the supervision of each parent.
• Shared custody means that both parents are responsible for making decisions regarding the child and the child will reside with both parents.
• Sole custody is very rare and means that one parent is in charge of making all the decisions regarding the child's welfare.

The court can award sole or joint legal or physical custody or a combination of both.

How does the Court Determine Child Custody?

A judge in the state of Massachusetts will always act in the best interest of the child when deterring child custody. Some of the things the may consider are:

• Each parent's ability to provide for the child.
• The child's relationship with each parent
• The child's home, school, and community record
• If there is history of domestic abuse or child neglect
• The parent's physical and mental health

Develop a Customized Solution That Fits Your Family’s Needs

At Davis & Davis, P.C., we look carefully at the roles both parents have played to this point when taking on a custody or visitation case.

We ask questions such as:

• Who makes breakfast, lunch, and dinner?
• Who gets the children ready for bed?
• Who does the children’s laundry?
• Who goes grocery shopping?
• Who attends the student-teacher conferences at school?
• Who schedules regular checkups with the pediatrician?
• Who attends the children’s sporting events?

Often, it turns out that one parent has consistently been shouldering the primary burden of care. This is significant because the court’s goal is to maintain the status quo to the fullest extent possible under the circumstances. Of course, some things will have to change. Perhaps the father will relocate to an apartment or the mother will move into a different wing of the house.