Divorces Involving Children in Massachusetts

Protecting Children in Divorce Throughout MA

While children add so much joy to our world, they can make divorce proceedings complicated and stressful. It is vital that you always protect your child's best interest and your relationship with them. Our legal team will do everything we can to fight for the most favorable outcome, prioritizing your child's best interests in every action we take throughout the divorce proceedings.

To learn more, contact us today at (781) 995-0107. Initial consultation is free.

Your Children Are Important

Our legal team can help you devise a plan that will protect your children’s physical, emotional, and financial needs following a divorce. During these tumultuous times, the best interests of children remain a fundamental focus of everything we do for our clients.

At The Halks Firm, we are prepared to handle all types of issues, including:

Child support

• The Massachusetts child support formula takes into account the income of the custodial and non-custodial parent, the age of the children, health insurance costs and child care costs. After child support has been determined by the court, the non-custodial parent should expect to make payments until the child is emancipated.

Child support for non-married parents

• If you aren’t married to your child’s other parent but you wish to resolve support and visitation issues, you can bring a paternity action into family court.

Visitation

• Visitation involves the non-custodial parent’s parenting time. In most situations, children benefit from strong relationships and sufficient parenting time with both parents. At The Halks Firm, we can help you establish a visitation schedule that works for all of the parties.

Relocation

• If your child is subject to a shared custody or visitation plan and the custodial parent wants to move outside of Massachusetts, we can help. According to Massachusetts law, a minor child who is native to Massachusetts or who has lived in the state for five years must consent (as long as he/she is of suitable age) before a custodial parent relocates him or her. If the child is not of suitable age, the custodial parent must obtain permission from the non-custodial parent or an approving court order before moving.

Determining Custody in MA

Both the legal and physical custody of a child will need to be determined during a divorce. It is always advised that you and your spouse come to a mutual child custody agreement before it turns into a court battle. Before granting custody, the court will take into account factors such as the wishes of the child (if they are old enough), both spouse's mental and physical health, religious considerations, which spouse is more likely to offer a stable home environment, opportunities to interact with extended families on both sides, adjustment to school and community, the age and gender of the child, and if there is any evidence of emotional, sexual or drugs or alcohol abuse.

If you and your spouse fail to agree on custody, there is no presumption by the court for or against joint custody. If the issues of custody and visitation must be resolved at trial, the court will encourage you to submit your plan for the child’s education, healthcare, physical custody times for each parent, and more.