We have compiled a list of questions we hear regularly from our clients regarding child custody and have provided the answers below.
An in-depth discussion and analysis you’re your situation is needed. If your goal is sole legal custody, we would need to get a full understanding of the reasons behind your request. Legal custody has to do with decision making authority concerning the child and is more often than not shared by both parents. The court is moving away from terms such as “child custody” and more toward terms such as “parenting plan” or “parenting time arrangement.” You should know exactly what you want your parenting plan to look like and how to describe it so your attorney is able to advocate for you effectively.
If the parties cannot agree on a parenting plan that works for their schedules and is in the best interest of the child, you must look to the court to decide your future. Because the parties will ultimately forfeit any control in the outcome, it is best if both parents can come to an agreement regarding custody and parenting time. If you cannot, you need an experienced attorney who is not afraid of the courtroom to represent your interests and the interests of your child.
No, the children not summonsed to court to testify against his or her parents in Massachusetts. However, the court may order a Guardian Ad Litem to investigate your case and make recommendations to the court concerning the custody arrangement for your child. This is done during the litigation process and the GAL may request to speak to your child as part of that investigation. The court may also appoint an ARC attorney to speak with your child and report the court the child’s position on any variety of issues.
There is no magic age for a child to be able to decide this issue in Massachusetts. Courts may consider a child’s custodial preference when the child is mature enough to have a well-formed opinion, but there is no certain age when judges are required to consider a child’s preference. Courts will more strongly consider the opinion of older children, while a younger child’s opinion about a custody arrangement will be given less weight. The court will only accept and adopt the child’s opinion, in its entirety, when the child turns 18 and is legally emancipated.
Your lawyer can petition the court for what’s called an “enforcement,” which compels the co-parent to live up to those obligations or face severe consequences.
If the custodial parent wants to relocate to another area or state with the child, they cannot do so without getting approval from the other parent, or approval from the court. Even if the custodial parent wishes to remain in Massachusetts, they may have to seek permission from the court if it is in a distant part of the state. In order to relocate without the noncustodial parent’s consent, a complaint for modification seeking removal must be filed, and the noncustodial parent must be given the opportunity to object.
Before the issue of child custody can be brought before the court by unmarried people, paternity must be established. This is done either by the father signing an acknowledgment of paternity or through DNA testing. If the mother will not cooperate with either of those options, the father must bring a complaint to establish paternity and request that the mother be ordered to cooperate in taking a DNA test. Once paternity is established, the court will determine the custody and visitation schedule if the parties cannot agree between themselves.
A child custody arrangement can be changed when there has been a material change in circumstances. The parent who is seeking the modification must show the court that the modification would be in the child’s best interests.
Legal representation is always a wise investment in such important family matters. What may start out as a pretty simple case often becomes increasingly complicated as you go along, and you may do more harm than you realize going it alone. Entering a courtroom full of strangers with experienced counsel gives you an advantage because your lawyer knows the setting, rules, procedures and other attorneys.
In Pennsylvania, child custody is divided into two main types: legal custody (decision-making power) and physical custody (where the child lives). Both are often shared between parents unless one parent can prove it is in the child’s best interest otherwise. Courts encourage parenting plans rather than adversarial custody battles. Before filing, you should clearly outline your preferred custody arrangement to help your attorney advocate effectively for you.
If parents cannot reach an agreement, the court will decide based on the child’s best interest standard. Factors include the child’s safety, parental duties, stability, and relationships with each parent. Because you risk losing control over the outcome, mediation or negotiation is strongly encouraged, but if necessary, an experienced attorney can represent your interests in court.
In Pennsylvania, a child is not required to testify in open court. Instead, judges may interview the child in chambers or rely on evaluations from a guardian ad litem or custody evaluator. This minimizes emotional harm while still considering the child’s perspective when appropriate.
Pennsylvania law does not set a fixed age when a child can decide custody. Judges consider the child’s preference if they are mature enough to express a well-reasoned opinion, giving more weight to older children. However, the decision ultimately rests with the court until the child turns 18.
You can file for contempt of court to enforce the order. Violations can lead to fines, makeup parenting time, changes in custody arrangements, or even jail time.
Relocation requires either the other parent’s written consent or a court order. You must provide written notice at least 60 days in advance (or as soon as possible in emergencies). If the other parent objects, the court will hold a hearing to determine whether the move serves the child’s best interests.
Before custody can be decided, paternity must be established—either voluntarily or through a court-ordered DNA test. Once paternity is confirmed, both parents have equal standing in custody matters, and the court will issue a custody schedule if you cannot agree.
Yes. Custody orders are modifiable if there is a substantial change in circumstances and the modification would serve the child’s best interests.
While you can represent yourself, custody matters are complex and emotionally charged. Attorneys understand Pennsylvania custody law, procedures, and local court expectations, which gives you a stronger chance of achieving your goals and protecting your child’s best interests.
We have compiled a list of questions we hear regularly from our clients regarding child custody and have provided the answers below.
An in-depth discussion and analysis of your situation is needed. In New York, custody is divided into legal custody (decision-making authority over matters like health care, education, and religion) and physical custody (where the child lives). Parents may share legal custody even if one parent has primary physical custody. Courts encourage parents to create a detailed parenting plan that clearly outlines schedules, decision-making responsibilities, and how disputes will be resolved. Knowing exactly what you want your plan to look like helps your attorney advocate effectively for you.
If you cannot agree on a parenting plan that is in your child’s best interest, the court will decide. Judges evaluate many factors, including each parent’s caregiving abilities, mental and physical health, and history of domestic violence or abuse. Because going to court means giving up control of the outcome, it is best if parents can reach an agreement. If not, an experienced attorney can represent your interests and protect your child’s well-being in litigation.
New York courts often appoint an Attorney for the Child who will meet with your child and represent their wishes in court. In some cases, a judge may conduct a private, in-chambers interview with the child. Custody evaluators or guardians ad litem may also be involved. These measures are designed to minimize emotional harm and ensure your child’s voice is heard appropriately.
There is no set age at which a child can choose which parent to live with. Judges consider a child’s preference if the child is mature enough to express a reasoned opinion, but the decision remains with the court until the child turns 18. Older children’s preferences carry more weight, while younger children’s views are given less weight.
If a parent violates custody or visitation terms, you can file a violation petition or seek contempt of court. The court can order makeup time, impose fines, change custody arrangements, or even jail a parent for persistent violations.
A parent cannot relocate with a child in a way that interferes with the other parent’s rights without permission from either the other parent or the court. If there is no agreement, you must file a relocation petition. The court considers whether the move is in the child’s best interest and how it will impact the noncustodial parent’s parenting time. Written notice (commonly 90 days or as required by your order) is expected before a relocation request is filed.
For unmarried parents, paternity must be established before custody can be decided. This can be done voluntarily or through a DNA test ordered by the court. Once paternity is legally established, both parents have equal rights to seek custody and parenting time. If parents cannot agree, the court will create a custody and visitation order based on the child’s best interests.
Yes. Custody orders can be modified if there has been a substantial change in circumstances and the change would serve the child’s best interests. Courts focus on stability and will not change orders lightly.
Custody cases are legally and emotionally complex. Even straightforward cases can quickly become complicated. A family law attorney understands New York’s laws, court procedures, and local practices, which gives you an advantage. Going it alone can harm your case without you realizing it. Having counsel ensures your rights and your child’s best interests are protected.
