Child Custody & Child Support
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Knowledgeable Counsel & Effective Representation
Tracey, Roman & Ramos, PC effectively counsels parents to agree upon child custody arrangements that serve their children’s best interests. We also provide comprehensive trial experience in contested child custody cases. We will advise you through the mediation process, work toward a fair and equitable custody agreement, and, if litigation becomes necessary, aggressively represent you at trial, with compassion for you and your children at the forefront of our minds.
Our legal team can also help you resolve other aspects of custody and visitation, including “move-away” or “relocation” cases; modification of custody orders; establishment or modification of parenting plans; establishment, enforcement or modification of visitation rights; and interstate and international custody disputes. Our exclusive focus on family law in Massachusetts, together with years of experience handling custody and visitation matters, empowers us with the requisite insight, expertise, and care necessary to represent you in a way that protects your child’s best interests.
Skilled And Focused Legal Advocacy For Custody, Visitation And Child Support
Child custody and parental visitation are sensitive, critical aspects of family law litigation, and decisions made in that process will have a significant impact on your children and your parenting role.
In Massachusetts, courts must consider the best interests of the child when hearing child custody and visitation matters. This standard requires the court to weigh various factors such as the level of tension and disagreement between parents. Even the input factors for a child support calculation may be a source of argument between parents who have separated.
We Excel At Resolving Complex Custody Disputes
Our experienced lawyers handle custody and visitation matters in connection with divorces and partnership dissolutions, legal separations, annulments, abuse prevention, and parentage actions. We have a successful track record in settling and litigating legally complex, high-conflict matters, such as:
- Custody evaluations
- Supervised visitation when warranted
- Paternity actions and DNA testing
- Child abduction, including Hague Convention cases
- Parent relocation petitions
- Parental alienation remedies
- Child support determinations
- IRS dependency exemptions for children
We diligently work toward favorable outcomes for our clients, prioritizing your children’s needs and interests.
Understanding Massachusetts Custody Law
Massachusetts distinguishes between “physical” and “legal” custody. If a parent has “sole physical custody,” the child resides with that parent. The court may issue orders allowing visitation to the parent who does not have physical custody. If the parents have “joint physical custody,” then the child resides with both of them, for a timeshare division that is equal or roughly equal between the parents. A visitation schedule is arranged to define this timeshare. If a parent has “sole legal custody,” that parent has the exclusive right and responsibility to make decisions about the child’s health, education, and welfare. If the parents share “joint legal custody,” both parents are legally entitled to share in such decisions.
Massachusetts contemplates that child custody can be assigned in a number of ways:
- A parent may have sole physical and sole legal custody
- A parent may have sole physical and joint legal custody
- The parents may have joint physical and joint legal custody
- A parent may have joint physical custody and sole legal custody
Massachusetts does not presumptively favor a particular custody assignment. Both the court and the family have wide discretion to establish a parenting plan that serves the child’s best interests. Parents who cannot agree to a child custody agreement will have to rely on the court to resolve these issues or the parties can rely on neutral third-parties, such as mediators and conciliators, to try to resolve them. Of course, mediation is effective only if each party is willing to compromise. If one or both parties cannot do so, then litigation will be necessary.
At times, confidential mediation can have as its sole purpose the attempt to reach a full agreement on the child-related issues, such that the parties will not have to appear before a judge (except to approve any agreement). The parties can also reach a partial agreement, resolving some issues together and leaving the rest for the judge.
After a case is filed, sometimes it is necessary to secure from the court temporary child custody and support orders during the pendency of the case. Again, these temporary arrangements can be resolved between the parties without having to rely on the court. Both parents have a statutory right to a child custody trial, the result of which will be the issuance of permanent orders. It is in your best interest, and that of your children, for you to have an attorney to advise you during any mediation and advocate for you during these adversarial court proceedings.
Experience. Creativity. Results.
We are committed to serving the best interests of our clients, providing access to justice for our clients and enabling our clients to move forward with dignity and respect.
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