Massachusetts Child Custody Cases

1) Do my children choose where they live after divorce?
No. Judges do not base custody solely on a pre-teen's stated preference. We pay more attention to teen-agers, but adults make the final decision.

2) If both parents share custody, does that mean no one pays child support?
No. If one parent has a higher income, expect a transfer of some funds to the other parent. The support, however, should be lower than an order determined by the child support guidelines.

3) At what age can a child be cut off from support?
Eighteen is the usual age of emancipation, but Massachusetts courts may order support for full time students up to the age of twenty-three.

4) Can I stop my spouse from seeing the children if I don't get my child support payments?
No. File a contempt action to collect child support.

5) Can I stop paying child support if my spouse won't let me see the children?
Not in Massachusetts. File a contempt action to enforce your visitation rights.

6) My spouse has a lover. Can I get the court to stop my spouse from visiting the children in the presence of the lover?
Sometimes courts restrict the presence of a lover until a divorce is final. After a suitable period of adjustment, most courts lift the restriction.

7) My spouse physically abused me during marriage. Should I be worried about the children having unsupervised visitation?
Some experts believe a person who abuses a spouse may abuse the children. Generally, courts require some evidence that unsupervised visitation goes against the children's best interests.

8) What's the difference between joint legal custody and sole legal custody?
Joint legal custody confers authority on both parents to make major decisions about the children. It does not mean the children spend half the year with Dad and the other half with Mom. Sole legal custody means that one parent makes all of the big d ecisions, but can't take the children from Massachusetts permanently without the prior permission of the other parent or court.