If you’re a father in Massachusetts wondering about your chances of being awarded custody of your children, you may feel the deck is stacked against you. Many fathers assume that courts and judges favor mothers in custody disputes. However, Massachusetts law actually gives both parents an equal right to custody, especially if they are married. With the right approach and evidence, fathers can absolutely obtain custody in many situations.
Under Massachusetts law, custody decisions are made based on the best interests of the child. There is no automatic presumption that children should live primarily with their mother. Some of the key factors judges consider include:
- Who has been the child’s primary caregiver
- The ability of each parent to meet the child’s needs
- Any history of domestic violence or abuse
- The child’s relationship and emotional ties to each parent
- The mental and physical health of the parents
- The child’s adjustment to home, school and community
For married parents, the law considers them to have equal rights to custody until a court orders otherwise. This means both parents share legal and physical custody by default. A father who has been substantially involved in his child’s day-to-day care has a very strong case for shared custody.
However, if the parents were never married, the situation is different. An unmarried mother has sole legal and physical custody until a court says otherwise. To seek custody or parenting time rights, an unmarried father must first legally establish paternity, either by being added to the birth certificate or through a court action.
The good news is that once paternity is established, an unmarried father can pursue custody and visitation orders the same as a married father. Demonstrating your involvement and capability as a parent goes a long way, whether married or unmarried. Evidence like school records, medical records, and witness testimony can help show your hands-on parenting role.
To present the strongest possible custody case, fathers should start by documenting their involvement in their child’s life. Keep a detailed log of your parenting time, including activities, school events attended, medical appointments, and daily care. Save records like school report cards, medical records, and family photos. Gather contact information for teachers, doctors, and other witnesses who can attest to your parenting. If there are concerns about the other parent’s fitness, consider whether any police, court or DCF records exist.
The chances of a father getting custody often come down to the specific facts of the situation. An experienced family law attorney can help you understand your rights and build the strongest possible case. With good legal guidance and a focus on your child’s best interests, custody is absolutely obtainable for loving, involved fathers in Massachusetts. Don’t lose hope – the law is on your side.
When it comes to hiring an attorney, don’t assume it’s out of reach. Many fathers worry they can’t afford a lawyer, but limited assistance representation (LAR) is an option. With LAR, also known as “unbundling,” you can hire an attorney to handle part of your case, while you do the rest yourself.
For example, you might hire an attorney to draft your court paperwork, while you file it and attend the hearing yourself. Or you could represent yourself through most of the case, but have an attorney appear with you for one particularly critical hearing, such as a temporary order hearing that will determine the parenting schedule while the case is pending.
Another common arrangement is for the attorney to work behind the scenes, helping you strategize, giving legal advice, and coaching you on how to present your case effectively. The attorney might also review documents you’ve prepared and suggest revisions. Having that expert guidance can make a big difference in your case.
With LAR, you only pay for the attorney’s time on the specific tasks you agree to. This is typically a fraction of the cost of full representation, where the attorney handles every aspect of the case. Some attorneys offer flat fees for defined services, such as preparing a specific document or appearing at one hearing.
LAR helps make legal assistance affordable and accessible. Even consulting with an attorney to develop an overall strategy can put you in a much stronger position. If you’re hesitant to hire an attorney for your whole case, consider whether unbundling might work for you. It’s a way to get meaningful help and stay on budget.
Don’t let financial concerns stop you from getting legal help to assert your custody rights. Investing in some attorney assistance can pay off significantly in your relationship with your child.