Experienced Child Custody Lawyers

Father with daughter on shoulders.

With years of family law experience, the attorneys at Goldman & Sidgwick have negotiated, litigated, and resolved issues related to custody, child support, parenting plans and other parenting issues.

We are dedicated to helping our clients achieve their objectives while seeking to ease the emotional burden that many parents face in custody matters. 

As parents ourselves, we understand how important family is and how your children’s best interests are of paramount importance to you.  We have extensive experience in not only litigating child-custody and other child-related matters, but in also reaching creative solutions out of court which could negate the need for costly court intervention.

What Is the Difference Between Legal Custody and Physical Custody in Massachusetts?

In Massachusetts, there are two types of custody:  legal custody and physical custody.  Legal custody refers to a parent’s ability to make (or contribute to the making of) major decisions regarding a child, including those involving education, medical care, and emotional and moral development.  Physical custody, on the other hand, refers to the location where a child resides some or all of the time.

Do Massachusetts Courts Favor Mothers Over Fathers in Child Custody Decisions?

No.  In the past, child custody was oftentimes awarded to mothers who were historically the primary caregivers. However, as society and gender roles have evolved, the courts no longer automatically favor mothers in primary custody determinations. Rather, the Court bases it’s decision on what is the best interests of the children and while this may include considering which parent has been the primary caregiver, it is not the only consideration.

In Massachusetts, married parents are often awarded shared legal custody unless a judge finds that it is not in a child’s best interests for shared legal custody.

As child custody lawyers, we help parents and guardians with all matters surrounding child custody, including:

  • Legal custody
  • Physical custody
  • Child support payments
  • Parental relocation and removal
  • Modification of existing custody orders, judgments, and parenting plans
  • Parental alienation
  • Contempt actions when one party is in breach of an agreement, order, or judgment

Child Custody FAQs

When parents disagree on child custody, either parent may file a complaint with the court requesting that the court issue a custody order.  This means that a judge will determine whether the parents share legal and physical custody of the child or whether one parent will have sole or primary legal and/or physical custody.  When making a custodial determination, the most significant consideration is what is in the best interests of a child, including his or her health, safety, and general well-being.

While the law does not provide a specific list of criteria that a judge must consider, common factors often include:

  • Each parent’s ability to care for the child.
  • Each parent’s availability before and after school.
  • Which parent was historically the primary caretaker.
  • Each parent’s emotional, mental, and physical health.
  • A child’s health and other needs.
  • Whether a parent has a drug or alcohol addiction.
  • Whether a parent has a history of domestic violence or physical or sexual abuse.
  • Whether a parent is fit to have custody.
  • The suitability of each parent’s residence.
  • Where other siblings reside.
  • Age of the child.
  • The child’s preference (depending on the age and maturity of a child).

Sometimes, when it is necessary or when it would be helpful to have a child’s input in a custody matter, parents can agree to engage a Guardian ad litem (“GAL”) who will perform an investigation and make written recommendations to the court regarding legal and physical custody and a parenting plan, among other issues.  Alternatively, the court could appoint a GAL to investigate and make such recommendations.  A GAL could be an attorney, a retired judge, or a social worker; all of whom are specially trained to be GALs in Massachusetts.  The court will take the GAL’s written recommendations into consideration when entering an order or judgment regarding legal and physical custody of the child as well as other matters.

Oftentimes, the best custodial plans are developed by the parents themselves with their child or children’s best interests in mind. In this circumstance, the parties would request that their agreement is incorporated into a temporary order or a judgment of the court.  However, because this is not always possible, our clients rely on us to not only offer suggestions on parenting plans and other details regarding the parenting schedule but to also negotiate and/or litigate in Court a custody arrangement in their children’s best interests.

Cases in which a parent seeks to move a child outside of Massachusetts to another state or country are referred to as “removal” matters.  Removals can be very challenging and complex cases, as the court must consider two different legal standards:  in cases in which one parent has primary or sole physical custody, the court will apply the “real advantage test,” whereby the court gives substantial weight to the custodial parent’s desire to move so long as he/she can show the move constitutes a “real advantage” to him/her (the idea being that a child’s best interests are “interwoven” with a custodial parent’s best interests) (Ioannis v. Yannis (1985)). In contrast, in cases in which the parents share physical custody of the child, instead of the “real advantage test,” the court will decide whether the move is in the best interests of the child without giving special consideration to the custodial parent’s interests (known as the “Mason test”) (Mason v. Coleman (2006)).  In making a removal determination, courts may consider factors such as:

  • The reason for a move.
  • The amount of time each parent spends with the child.
  • The opportunities that are afforded to a child in the new location.
  • The best interests of the child.
  • The other parent’s ability for parenting time with the child if the child moves.
  • Any other consideration a judge deems relevant.

The court can modify a custody order if a parent can demonstrate:

  • A significant change in circumstances (since the judgment or temporary order was made), or
  • That the best interests of a child are not being met by the current arrangement.

Either parent can petition the court for a modification in custody or parenting time, or if both parents agree on an alternate custody arrangement, they can jointly request for the change to be entered as an order or judgment.  If only one parent desires to modify an order, he/she should file a complaint for modification, which clearly states the circumstances that have changed.