Posted by DivorceLine in Massachusetts Child Custody Laws
Custody may be awarded to either parent, and there shall be no presumption either in favor of or against shared legal or physical custody. When considering the happiness and welfare of the child, the court shall consider whether or not the child’s present or past living conditions adversely affect his physical, mental, moral or emotional health. If the parents mutually reach an agreement providing for the custody of the children, the court may enter an order in accordance with such agreement, unless specific findings are made by the court indicating that such an order would not be in the best interests of the children.
[Based on the General Laws of Massachusetts Chapter 208-31]
Perhaps one of the hardest things to deal with at the end of a marriage is the impact that the divorce will have on the children. Even under the best of circumstances, there will be the need for both the custodial and non-custodial parent to understand the nature of their continuing responsibilities to any children they share. While it maybe very easy to grasp the ethical responsibility they continue to share in regard to the well being of the children, the task of understanding the applicable child custody laws and the legal conditions that are now part of the picture may be more difficult. Here are a few tips to help you get information that will help you unravel the mystery of child custody laws.
1. Court of jurisdiction. The court of jurisdiction is the first resource you should consult. There is a great deal of difference between the child custody laws in one state versus another state. As an example, a non-custodial parent may be able to have a warrant sworn out for a custodial parent who is not complying with court ordered visitation. In another state, the non-custodial parent may have to file suit. The same is true when it comes to child support payments. Some courts of jurisdiction make it possible to pick up the deadbeat parent immediately, while states in other laws may lead to months before an errant parent can be help accountable for non-payment. Know the laws that apply to your situation.
2. When moving. Keep in mind that if the custodial parent moves to another state and takes the child along, the court of jurisdiction does not automatically change. It can be shifted at the request and with the approval of both parents. So even if the child support arrangements were set up in Massachusetts and the custodial parent now is a resident of Florida, Massachusetts law still holds sway.
