Massachusetts Divorce Lawyer
Child Custody and Parental Access
Battles over child custody often put the children in the middle of their warring parents. At the law office of Diane W. Spears in Boston, Massachusetts, my hope is that these matters can be resolved by a collaborative approach as opposed to litigation.
Types of Child Custody
According to Massachusetts law, there are two aspects to custody. Legal custody concerns the right to make major decisions about the child’s medical care, education, religious upbringing, and moral development. Physical custody concerns the child residence and a parenting plan that includes access to the other parent.
Challenges of Joint Parenting
I applaud the many parents who are able to put their child’s welfare first and foremost to meet the challenges of post-divorce parenting. Many of my clients and their ex-spouses work hard to successfully nurture and care for the children.
The Probate Court now requires that all parents of minor children attend parenting classes in order to obtain a divorce. These classes are held frequently throughout the state and provide a wealth of information about post-divorce parenting. The charge for attendance can be waived for those who cannot afford the fee. For more information, see the web site at www.divorcecenter.org.
The Need for a Guardian Ad Litem
At the law office of Diane W. Spears, I have witnessed child custody issues deteriorate into a bitter fight. When child custody or parental access issues cannot be resolved, a Guardian ad Litem is often appointed by the court. As a founding member of the Massachusetts Association of Guardians Ad Litem, I have extensive experience in this area. The Guardian ad Litem interviews doctors, school staff, and neighbors. The job of the Guardian ad Litem is to make recommendations as to the best interests of the child and then file a report for the judge to use in rendering a decision on custody. I believe that litigation of custody issues should be a last resort. When you let the court make the decisions, you give up some control over your child's future and may be forced to abide by a decision that really doesn't work for anyone.
If you are a custodial or non-custodial parent and would like more information or schedule an appointment with an experienced child custody attorney, please contact me.
