Contribution of Family Law Attorneys of Boston in Child Custody Cases

August 7, 2024 by No Comments

Child custody is the legal determination of which parent or guardian will have legal rights over the child after the parents are divorced. It is a critical and emotionally charged issue in divorces. A Boston family law attorney possesses the specialized knowledge and expertise to manage the various facets of child custody issues. They provide legal advice and emotional support to their clients. 

Rules for Child Custody in Boston

Boston, being the capital of Massachusetts, follows its rules and regulations. The custody law divides child custody cases into two types: physical custody and legal custody. The court can grant either sole, joint legal, or physical custody or a combination of both.

Physical custody only provides the time during which the children can reside with one of their parents, under their care and supervision. Legal custody is the authority given to a parent to lead the significant decisions of the child’s life. It can range from a child’s education and healthcare to the religious or moral development of the child. 

Legal Advice from Family Law Attorneys

The court examines the existing relationship between the child and each parent and considers the factors that might lead to changes in the child’s physical and emotional well-being. Younger children and children with disorders demand more stability and continuity in the case.

The advocates present the truth regarding each parent, their physical health, financial status, and residential environment. The court evaluates the parents based on their ability to meet the child’s growing needs, their bonding and communication, and their level of involvement in the child’s daily life. 

Family Law Attorney’s Responsibilities

The law regarding child custody cases in Massachusetts requires the judge to grant custody based on the children’s best interest. The law states that – neither parent begins with any greater right to custody than the other. The children’s welfare and happiness are the main concerns that are taken care of in these cases.

In this scenario, family law attorneys play a crucial role. They gather pertinent information about the children, their parents’ concerns, family dynamics, and the opposite party’s relative strengths and weaknesses. Furthermore, they analyze the data using the legal standards and procedures arising from the case.

Family law advocates strategically prepare a case outline with potential outcomes. The court always prefers mediation to be given priority in resolving divorce issues with child custody. However, if mediation fails or is deemed inappropriate, the attorneys represent their client’s case in court and opt for litigation.

An expert professional who is certified in law can persuade the case in the client’s favor. As they know the legal proceedings, they can strategically build the case to turn the judge’s favor towards the client. They prepare the client for trials and subsequent court evaluation. Attorneys present witnesses and evidence to support the case.

In some rare cases, family law attorneys must consult with child physicians and psychologists, social workers, and other professionals who can provide valuable inputs to the case that could possibly give favorable outcomes. 

Modifications in Child Custody

The judgment given in the court for child custody cases is not always static. Modifications are presented in the court order based on changes in circumstances. A family law attorney will have significant expertise in understanding the future dynamics of the child with the parent. They can further lead the case to the court for modification of the agreement.

Family law attorneys educate clients about subsequent changes in law based on certain factors. These factors are changes in a child’s needs with growth, relocation, or changes in a parent’s financial condition. Additionally, if one or both parents fail to comply with a court order, the family law attorneys have the legal right to take action to reinforce the law and order.

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