Southborough Child Custody Lawyers

Divorce means a lot of changes for your family, especially when it involves children. Losing custody or not seeing your child as much as you would like is one of the hardest aspects of divorce. While some divorces are mutual and cooperative, others are highly-contested and bitter. In either case, courts prioritize one thing when it comes to child custody: the child's best interests, as the court sees it.

When you and your child’s time together is at risk, you need the help of an experienced family law firm. At Miller Law Group, P.C., our mission is to be dedicated advocates for our clients. We are proud to have helped hundreds of families navigate complex divorce and child custody issues, and we are prepared to do the same for you. 

Call our Southborough child custody lawyers today at (888) 874-2142 to discuss your situation. Your initial consultation is free and confidential.

How Is Child Custody Decided in Southborough, MA?

Massachusetts family courts always makes child custody decisions based on what they believe to be in the best interest of a child. A court is not supposed to make custody decisions based on preference toward mothers or fathers. Instead, they look at the financial, mental, and physical health of both parents, among other factors. In some instances, a court might decide that it is in the best interest for a child to spend equal amounts of time with both parents; in others, the court may determine that one parent should have primary or even sole custody. 

When it comes to determining child custody in Massachusetts, the court looks at the following factors: 

• Each parent's involvement in the child's life
• The relationship each parent has with the child 
• Each parent's ability to care for the child 
• The age of the children
• Where each parent lives
• The stability of each parent’s household
• What the child wants, if age-appropriate

This is not a complete list; other factors may influence the court's decision when it comes to awarding child custody. It's important that you work with a knowledgeable and experienced child custody attorney in Southborough who can help you navigate this process and protect your child's best interests. 

Types of Child Custody in Massachusetts 

In Massachusetts, there are two main types of child custody: legal and physical. Legal custody involves each parent's right to make various decisions on behalf of the child, including decisions around the child's education, religious upbringing, and healthcare. Physical custody refers to which parent the child will live with and where they will spend most of their time. Physical and legal custody can be granted to one parent (sole custody) or shared between the two (shared custody). 

Here, we outline the types of child custody in Massachusetts, as well as what they may mean for you and your family. 

Sole Legal Custody

Sole legal custody means that one parent receives the legal authority to make significant life decisions for their children. 

Major life decisions affected by legal custody can include but are not limited to the child's: 

• Education
• Healthcare
• Moral upbringing
• Religion
• Emotional development

Legal custody is not the same as physical custody. A parent may receive sole legal custody when their former spouse is not fit to make rational or beneficial decisions for their shared child.

Shared Legal Custody

Shared legal custody grants both parents the ability to make important life decisions for their child. A Massachusetts court may provide shared legal custody in instances it deems both parents fit to act in the best interest of the child. Shared legal custody requires both parents to have the ability to communicate and work together in the interest of their children.

Sole Physical Custody

Sole physical custody designates which parent a child will live with full time. This type of custody exists to prevent a child from spending time in an environment that the court deems unsafe or unbeneficial. 

Sole physical custody is relatively rare, but might be granted in the following circumstances: 

• When the court finds one parent unfit to care for the child 
• One parent is not physically or mentally healthy 
• There is a history of spousal or child abuse in the relationship
• The child's parents live too far away to make shared physical custody reasonable 
• The child wishes to live with one parent (if age-appropriate)

In some cases where the court grants sole physical custody, the non-custodial parent may be granted visitation rights. It's important that you work with a child custody lawyer in Southborough who can help you understand your rights when it comes to seeing and spending time with your child.

Shared Physical Custody

This type of custody occurs when both parents can care for their children and spending time in both households is in the children's best interests. Courts typically favor this type of physical custody, as it allows children to split time between households and maintain relationships with both parents. 

Let Our Southborough Custody Lawyers Protect Your Parental Rights

Child custody decisions can alter lives. If you’re facing a child custody dispute, you need the help of an experienced law firm that is ready to help you defend your parental rights and protect the best interests of your child. Our child custody lawyers in Southborough are ready to approach your case from every angle and develop a strategy that shows your child would benefit from spending time with you. We know that what the court finds to be in the “best interests” of your child doesn't always reflect the realities of your family's situation; that's why we work with our clients to find individualized solutions tailored to their unique circumstances. 

Divorce and child custody matters have no winners or losers. Our firm understands this, and we aim to be the difference-maker for our clients without resorting to taking revenge on the other party. Instead, our strategies are meant to protect you and your child, both now and in the future. Every member of our firm is focused on family law and meets each week to discuss our cases. When you trust your Southborough child custody case to Miller Law Group, P.C., you can be sure that it is receiving the resources and attention it needs. 

A sound legal strategy to protect your family is just a phone call away. Call us right now at (888) 874-2142 for a free consultation.