Child Custody / Child Support Issues in Boston
Thank you for visiting My Boston Family Law Attorney. We are advocates for children when they are a part of a messy divorce. We have experience in working through Child Custody and Child Support issues. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around Boston.
Our attorneys at the Family Law Offices of “insert attorney name” in Boston are dedicated to the issues and problems regarding children and divorce. We have the best interests of the children and want to make sure all issues are resolved.
Boston Child Custody and Child Support Overview
- In Boston the focus is always on the welfare of the children – not the rights of the parents.
- The Tender Years Doctrine once awarded custody to the mother who was said to be the better parent – this is not the case today.
- Parents are required to attend a court-approved Parent Education Program.
- Learn strategies for effective co-parenting.
- No pre-trial conference until Program is completed and certificate of completion presented to court
- Parents are protected by the 14th Amendment which states:
- Parents are protected against government interference while raising their children.
- If you cannot agree during divorce proceedings, a Judge will interfere.
- The Judge can order a Guardian Ad Litem investigation.
- Appointed in cases of abuse or neglect or for an independent assessment.
- An attorney who represents only the children:
- Determines the best interests of the children
- Sometimes the court will appoint a parenting coordinator (mental health professional) to dispute child-related issues with the parents.
- Judge listens to recommendations of the coordinator.
Boston Child Custody
- Joint Legal Custody
- One parent has primary physical custody.
- The children live with this parent most of the time.
- Shared Parenting
- Parents share equal time.
- Both parents put together a parenting plan for all to follow.
- Joint decision making rights.
- Works well when parents are cooperative with each other.
- Sole Custody
- One parent has custody.
- The other parent has visitation rights.
- Custodial parent receives support from non-custodial parent.
- The custodial parent makes decisions regarding health, welfare and education – doesn’t have to consult with other parent.
- Works well when one parent lives far from the other or is unfit to have custody because of psychological reasons.
- Supervised visitation only.
- Parents are not Married
- The mother usually will get sole physical custody.
- A DNA test is done to determine if the father is the father.
- The court will issue a child support order once paternity is determined.
Determining Custody in Boston
- The best interests of your children determine which parent will have custody.
- Factors include:
- A stable home environment
- Each parent’s mental and physical health
- The child’s mental, physical and emotional health
- The relationship between parent and child and siblings
- Who was the primary caretaker
- Is there any abuse?
Leaving Massachusetts
- Moving out of state interferes with parenting time.
- If you are relocating to another state, you must file a Complaint for Modification in Family Court.
- The Judge will determine if leaving Boston is in the child’s best interest.
- The Judge will discuss with the child if old enough.
Boston Child Support
- In the Commonwealth of Massachusetts child support is determined by The Child Support Guidelines.
- The formula is based on:
- Weekly income of each parent
- Number of children
- Health insurance costs
- Day care expenses
- Education expenses
- Joint physical or sole custody
- Some of the guidelines revised as of January 1, 2009:
- Included in the support is unreported and non-taxed income
- Own business – expense reimbursements, personal expenses
- Military pay is considered income
- Property insurance reimbursements are no longer included as income
- Disability benefits for children are no longer included as income
- Getting paid “under the table” – the Court may assign greater income than reported
- The Court will not consider a “significant other’s” income
- Include up to 5 children instead of 3 previously
- If child support is not being received, you can arrange to have it garnished from the non-custodial parent’s salary.
- Can file a complaint for contempt to enforce or collect past due support.
Conclusion
Fighting with your spouse about custody and support issues solves nothing and can do more harm than good. Call us at the Family Law Offices of “insert attorney name” in Boston because we care and we are committed to doing what’s best for you and your children.
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