Who Gets the Children?

This past weekend, a client asked me what I thought his chances were in winning custody of the couple's two children. This common question brings up two important points worth addressing:

First off, there is a rebuttable presumption that some form of shared custody is in a child's best interest. This means that unless one parent or the court can prove the contrary, involvement from both parents is the starting point for which the court shall fashion an order relating to the children.

Secondly, in an effort to de-escalate the importance parents put on both winning and losing - along with the distinctions between the terms custody and visitation - the Massachusetts Probate and Family Court has slowly begun replacing the traditional custody language with that of a parenting plan. This parenting "plan" really ends-up being a contract between the parents.

This plan outlines the specific weekly parenting schedule, holiday and vacation schedule, shared transportation (pick-up and drop-off) responsibilities and both the individual and joint duties of both the children and parents, etc.

I am a big fan of detailed and organized plans. Whenever new clients come to see us, we make every effort to review 200+ must-have clauses that may be included in a parenting plan. While many clients get impatient, want to push their divorce through the system, we always slow the process down when it comes to the parenting plan. After all, thorough and detailed work now will prevent problems later.

To conclude, while lawyers and divorce litigants sometimes speak of a parent's "right" to custody of children, this is misleading. It is more accurate to refer to one parent's "interests" in custody rather than their "rights." The focus in a custody dispute between parents is not on their personal rights but on the welfare of the children.

I'll be in our Southborough/Marlboro office much of this week; call me to discuss how I might be able to help you outline the terms of your agreement - (508) 480-8770.