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How Is Custody Decided in Massachusetts?


Regardless of the circumstances of your case, parental custody will always be determined on the basis of what is best for the child(ren) involved. Many are surprised to find out that income disparity is not the major, deciding factor in a child custody case. When hearing a child custody case, a judge will consider the following:

  • Medical care
  • Extracurricular activities
  • Education
  • Religious upbringing

If you are unable to settle on a parental custody agreement, you will be required to make your case for parental custody in court, at which time you will be required to present evidence of your parenting style, including an explanation of your values as a parent, disciplinary methods, strengths and weaknesses as a parent, and evidence of time spent with your child(ren). To secure your continued privileges as a parent, you will have to prove that you have been an involved, hands-on parent up until that point and that custody being granted to you is what is best for your child(ren).

Your custody decision will be made largely on the basis of your testimony about your own parenting. Only in rare cases will a child be interviewed as part of a custody hearing. In order to protect the child(ren) involved, custody arrangements almost never require a child’s testimony.

If you feel you have evidence that would be of interest to the court in determining your custody arrangement, you may be able to present it if it would significantly improve your optics as a parent. However, before you do, say, or present anything in your child custody case, be sure you have an experienced, Massachusetts family law attorney in your corner.

At Percy Law Group, PC, we are committed to fighting for you and your child and being your Bristol County child custody attorneys of choice. Let us begin advocating for you and your child today be calling (508) 206-9900 or contacting us for your free consultation.

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