Legal and Physical Custody Presumptions in Massachusetts Divorce

In any Massachusetts divorce action involving child custody, there are certain presumptions that arise which are extremely important to understand.  The first presumption is that both parties have equal rights and responsibilities.  Second, there is a presumption that joint legal custody should be ordered.  This means that both parties share equally in decision-making for their child.

Finally, and importantly, there is no presumption that parties should share joint physical custody in every case.  This lack of presumption is different than the laws of many other states.  In most cases one parent will be given primary physical custody and the other parent will be granted visitation rights.  The court may restrict, limit or eliminate visitation if such would be in the best interests of a child or children.

Whether you have an uncontested child custody situation or a situation where custody and visitation will be hotly contested, or whether you have a simple or complex custody and visitation case, it is imperative that you hire an experienced, seasoned attorney that understands the intricacies of these matters. 

If you have any more questions about divorce or child custody matters, call talk to one of our New Bedford family lawyers today.