Barbara J. Katzenberg, Attorney at Law
Get In Touch With An Experienced Lawyer: 508-471-3281

A Brighter Future Is Within Your Reach

Barbara J. Katzenberg, Attorney at Law
Get In Touch With An Experienced Lawyer: 508-471-3281

A Brighter Future Is Within Your Reach

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How the Massachusettes courts decide custody

| May 24, 2021 | Child Custody |

Divorce is very hard, particularly when there are children involved. Sometimes one of the main disputes in a divorce is over who gets custody.

If you cannot agree with your former spouse, the courts will decide for you. They take a variety of factors into account.

Who can provide for the child?

One of the main aspects that the court considers is who can provide food, clothing and shelter to the child. They do not just look at finances at this point. They look at the whole picture and the financial stability of each parent and weigh it against other factors.

Who has a better relationship with the child?

Your child’s relationship with you and your former spouse is a big part of any custody decision. This is particularly true if your child is older and can speak for themselves.

Who is morally fit?

Although it doesn’t seem all that important at first glance, moral fitness is a big factor in custody cases. It is important to remember that moral does not mean religion in this instance. Parents should morally fit to raise a child.

Is abuse or neglect present?

Abuse and neglect are major issues in granting custody. If there is even an allegation of abuse, the courts can decide to award custody based on it. The courts weigh the evidence of abuse carefully before making a decision. If the evidence is valid, it can affect both custody and visitation.

These are just a few factors that the courts consider when determining custody and visitation. It is always best if you and your former spouse can work things out amicably rather than letting the courts decide.

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