Divorce is a challenging experience in even the best circumstances. Still, fathers who have concerns about custody arrangements and wish to maximize their time with their children may face unique difficulties. How custody will be divided between you and the children’s mother impacts how often you have your kids and how much child support you may pay. If you cannot agree to a custody arrangement, the court will decide on custody after examining the children’s best interests.
In Massachusetts, the way custody arrangements are determined will partially depend on whether you are married to the mother of your children. If your child was born out of wedlock, you will need to establish your paternity before the court will grant you any form of custody.
With a lawyer from LaFountain and Wollman, P.C., on their side, fathers – whether married or unmarried – can rest assured they will have a legal advocate to fight hard for the custody arrangement they desire. If you have questions or concerns about child custody in a pending divorce, contact us today for a consultation.
What Types of Custody Arrangements Are Available in Massachusetts?
A custody arrangement refers to certain rights and the time a parent has with their child. Under Massachusetts law, there are four types of custody arrangements:
- Sole Legal Custody – Under this arrangement, only one parent has the right and responsibility to make major decisions about the child. Specifically, this parent makes all decisions concerning education, medical care, religion, and emotional development and is not required to consult with the other parent.
- Shared Legal Custody – In this scenario, both parents are involved in and jointly responsible for major decisions concerning the child’s education, medical care, and emotional, moral, and religious development.
- Sole Physical Custody – Physical custody refers to where the child lives. In a sole physical custody arrangement, the child lives with one parent, and the other parent has reasonable parenting time subject to the court’s determination concerning the best interest of the child.
- Shared Physical Custody – If the parents share physical custody, the child has periods when they live with each parent. The child has frequent, regular contact with both parents under this arrangement.
What Are the Chances of a Father Getting Sole Legal or Physical Custody?
Fathers can pursue and be awarded sole custody or joint custody of their children subject to court approval. When determining custody arrangements, Massachusetts courts consider the best interests of the child, not the gender of the parent. Although sole legal or physical custody is possible, courts prefer to order shared legal or physical custody instead of awarding sole custody to one parent.
While most courts find that children benefit from spending time with both parents, they will perform a case-by-case inquiry as they assess the best interests of the child. This includes examining factors such as which parent bears the majority of the caretaking responsibility, where the child lives the majority of the time, and each parent’s mental health and caretaking capabilities. Whether you are married to the mother of your child and now seeking a divorce or seeking custody after establishing paternity affects how you should pursue custody.
Custody in Divorce Proceedings
Because a married couple lives together during the relationship, married fathers typically have an easier time demonstrating their bond with their children when seeking the custody arrangement they desire. However, certain factors can weigh against the custody arrangement a father wants, such as their work schedule and if their wife doesn’t work outside the home.
To support their claim for custody, married dads should consider documenting the time they spend with their children and, if possible, work a flexible schedule to allow them more time with their kids. This evidence is necessary when seeking custody in a divorce so the court can evaluate the best interests of the child and make the proper determination.
Custody for Unmarried Fathers
Unwed fathers have a more challenging road to establish their relationship with their children than married fathers and must prove paternity to seek custody.
Paternity can be established by filing the voluntary acknowledgment form with the court or registrar of vital records and statistics. If you were married to the mother when the child was born or within 300 days of the birth, then there is a rebuttable presumption that you are, in fact, the father. When seeking custody, you should demonstrate your involvement with the child. Be sure to be present for the birth, maintain a positive relationship with the child’s mother, and document your time with your child, including attending doctor appointments, school events, sporting events, and other activities.
If your child’s mother does not voluntarily permit parenting time, you must seek court intervention for custody. Without an adjudication or voluntary acknowledgment of paternity, Massachusetts law provides that the mother alone shall have custody of a child born out of wedlock. Accordingly, it is critical to establish paternity so you can seek the custody arrangement you desire if not agreed upon.
An attorney from LaFountain and Wollman, P.C., can assist you in filing a Complaint for Paternity and developing the necessary evidence to support your claim for the custody arrangement you want. We help fathers like you every day pursue the custody arrangement they want with their children.
Contact a Middlesex County Family Law Attorney Today
A divorce can quickly become more contentious and stressful when parents cannot agree to a custody arrangement. Contact an experienced Massachusetts family law attorney at LaFountain and Wollman, P.C., today to alleviate some of that stress. We represent fathers seeking custody of their children during a divorce or when establishing paternity. Call today to learn how we can help you confidently manage your divorce and custody issues in Middlesex County.