Child Custody & Visitation Rights

Divorce is confusing and emotional. When children are involved the emotions are amplified. The process of custody & visitation can include mediation, evaluation, and litigation. Using 25 years of our expertise we guide our clients through this difficult process.

There are two types of custody — legal and physical. Legal custody refers to the responsibility of making the major decisions about the education, health, medical care, emotional development and religious education of your child. Joint legal custody occurs when both parents share the responsibility of these decisions — this is quite common in Massachusetts.

Physical custody refers to with whom the child will primarily live and who will be responsible for making the day-to-day decisions concerning the child. In Massachusetts it is less common to see the Court order joint physical custody, unless agreed upon by both parents prior to a hearing.

One of the most important aspects to any divorce in which children are involved is child custody. With whom and where will they live? Who will make important decisions about their lives? In child custody cases, our preferred course of action is to put the children ahead of all other marital issues.   The court's standard parenting time schedule is just a guideline. The court may, and frequently does, deviate from those guidelines based on a number of statutory factors. Additionally, the parties have the ability to create their own parenting schedule.  Deirdre O'Brien will work with you to create your own personal parenting schedule first by agreement between the two parties, and if that is not possible, by order of the court.

When custody issues cannot be resolved in a cooperative and productive manner, the matters are brought before a judge for resolution. The objective of the Family Law Courts in Massachusetts is to determine which parent is most capable of meeting the needs of the child, while fostering a relationship with both parents.

The Court generally awards primary or sole physical custody to one of the parents, while the "noncustodial parent" is granted visiting rights. This determination may be based on the findings of a Court appointed "Guardian ad Litem," (GAL) who is usually either a lawyer or psychologist. The GAL will evaluate the situation and make recommendations to the Court as to the best possible arrangement for the child.

Paternity

At the Law Offices of Deirdre O'Brien, we represent both mothers and fathers in paternity actions. Our office prepares all necessary documentation and paperwork, including requesting a court-mandated paternity test to determine the father of a child. Once paternity is established, certain legal obligations are placed on the father in regard to support and maintenance. Additionally, children are eligible to receive different kinds of benefits and legal consideration such as the following:

• Medical coverage under a father's health care plan

• Right to access father's medical records for health care purposes

• Eligibility to inherit assets after father's death

• Legal rights during probate on father's estate

• Legal right to receive father's Social Security disability or death benefits

• Right to be claimed as a dependent for tax and student financial aid purposes

The Rights of Fathers - Establishing a Relationship with Your Child

Paternity is important and necessary for establishing visitation rights with your children. While the court will take into consideration a number of factors, if you are the father of a child you cannot be denied visitation rights by the child's mother.