After becoming a parent, keeping your child safe becomes an instinct. You’ll do whatever it takes to ensure your kids remain protected, which could be a major part of your child custody battle during a divorce.
Of course, under Massachusetts family law, getting full custody of your children is not always an easy task. If your spouse wants to keep split custody, fighting to secure sole rights of your children can lead to a legal battle. To help fight this battle, it helps to have an understanding of what the law has to say on the subject.
Understanding Massachusetts Family Law
In the state of Massachusetts, there are two different types of “full custody” you might consider under family law. First is legal child custody, and the second is physical custody. Understanding the difference and which one you are fighting for is important. Legal custody refers entirely to the legal responsibility for the children. This means making decisions about education, healthcare, religion, etc. On the other hand, physical custody refers to where the children actually live.
Normally, the court looks at custody with the best interest of the child. Without any evidence to convince it otherwise, the court will lean towards split custody of children. If there’s a strong reason to want sole child custody, though, you’ll need to compile the evidence to fight for it.
Fighting for Child Custody
Since the best interest of the children is always primary during a divorce, the court is always willing to hear a case for sole custody. There is a certain burden of proof required, however, where the parent seeking full custody needs to present evidence as to why the other parent is unfit to have any custodial rights.
Sometimes, this evidence can be somewhat intangible, which can mean involving witnesses and testimonials about the misfit parent. On the other hand, if you have any evidence as to unfit behavior, it’s important you submit that to your attorney.
What If There Was Abuse?
One major factor that can help you secure full legal and physical custody is if abuse occurred during the marriage. Of course, like any other argument you make for custody, it’s important you can back this up with evidence. This is where an experienced attorney can help ensure your case goes smoothly.
The last thing you want is for an abusive parent to still be in the life of your child. Being able to organize and present the evidence to ensure you maintain full custody is essential during your divorce.
Navigating Your Divorce
There’s no doubt that navigating a divorce is never easy. Even if you understand Massachusetts family law, knowing the best route to take when you’re alone can be difficult. Fortunately, when it comes to child custody, you’re not alone. The experienced divorce attorneys at Shapiro Law Group are here to help navigate these uncertain times and ensure you can make the best decisions to get where you want to go.
If you’re looking to claim full custody of your children, it’s important you don’t delay. Make sure to communicate with your attorney and answer all related questions so a strong case can be made. This way, you ensure the children are given to a responsible and reliable parent. For more help, call us today at (339) 298-2300.