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DIVORCE LAW IN MA
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SUMMARY OF DIVORCE LAW IN MASSACHUSETTS
Child Custody: There are two different and distinct forms of child custody; they are legal custody and physical custody.
 Legal Custody: In most cases of divorce the parents share legal custody. What this means is that both parents maintain their full parental rights. Furthermore, it means that both parents must be involved in all major decisions involving their children, such as medical, educational, disciplinary, and religious. If however, one of the parents is found to be unfit in some manner, the Court may bestow sole legal custody on the fit parent.
- Physical Custody: This term signifies that parent with whom the children spend the majority of their time. The physical custodian is responsible for payment of the everyday necessities of the child. The non-physical custodial parent has the right to "parenting time" with the child, and the obligation to pay child support to the physical custodian.
- Parenting Plans: There are as many different "parenting plans" as there are divorced couples. Whatever works for the parents and the child/children can be ordered by the Court. The parties and their attorneys ordinarily negotiate this schedule.
- Custody disputes: Custody disputes are the most troubling area of divorce law. They are expensive, lengthy, and harmful both to the children and the parents. They should be avoided if at all possible. If not possible, the Court will generally award the children to the parent who has been the "primary caretaker of the children." This issue is a question of fact for the Court to decide. As part of this analysis, the Court will also attempt to discern if one or both of the parents are in some way "unfit" to be the physical custodian.
- Joint Physical Custody: Is becoming a more popular method of parenting children of divorced spouses. In this method, the children spend roughly an equal amount of time with each parent. This method is often ideal both for children and parents but is not without problems. For a joint physical plan to work the parents must be able to communicate and work together for the good of the children.
- Child Support: Is determined by formula in the Commonwealth of Massachusetts. In the absence of an agreement between the parents as to the amount of child support payable from the non-custodial parent to the custodial parent, the Court will apply a simple formula. The formula takes into account the gross incomes of the parents, number of children, age of children, health insurance expense, and child care expense. My office can supply this amount to you with a minimum of effort.
- Modifications: As children of divorced parents grow older, there is often the need to modify the agreement reached at the time of the divorce. If circumstances have changed in a "substantial and material" way, the Court will entertain a "complaint for modification," which may change custody, parenting time, or child support.
There are many issues not covered by the above summary. This summary was meant to give you a basic knowledge of divorce law. Only a lawyer experienced in family law can answer many of the questions you may have about your particular situation.
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