Remember this little phrase: "The court must do what is in the child's best interest."

This is the guiding principle in deciding child custody in Massachusetts.

Divorce can entirely uproot a child's world, and the courts are very considerate of the harm that the child may experience as the result of a divorce or custody dispute. The court will attempt to maintain status quo as much as possible.

This usually means that, in the event of filing a complaint for divorce, the primary caregiver will be granted temporary physical custody during the divorce litigation, but the court is free to consider any number of factors, such as the stability and living situation of the proposed custodial parent.

This leaves much room to argue either way, as the things that define "good parents" and "bad parents" vary greatly between people.

Therefore, it is necessary to retain a competent attorney to put forth your best face in court, and put you in the best light possible-- even if you are parent of the year, it couldn't hurt, and why risk anything when it comes to the custody of your children?

We can also assist you in dealing with the Department of Children and Families (DCF, formerly DSS) as the court can and usually does consider their reports when determining custody.

Also, things can change several years after a divorce that, in the best interest of the children, custody can and should be sought by the non-custodial parent.

Please contact our firm for a free consultation regarding child custody or a related family law issue.