When a divorce case is filed by a plaintiff spouse, either party may file a motion asking the court to set temporary, or pendente lite child custody and visitation orders. In these matters, although the orders are “temporary” in nature, the importance of the first orders for custody in a divorce case cannot be understated. Once the orders are entered it creates a situation where an attempt to change the orders, even though they are temporary, can be difficult. The person asking for the change must show a substantial change of circumstances warranting modification.
For a complete guide to child custody, click here
The Probate and Family Court is authorized under M.G.L.A. c. 208, § 19 to enter child custody and visitation orders during the pendency of a divorce case when doing so is in the best interests of the minor children. The Court is given very wide and broad discretion in fashioning a temporary custody order. Thus, persuading your judge is vitally important from the beginning of the case.
Both parents have equal rights to temporary legal custody in Massachusetts; however, there is no such right to share physical custody equally. The Court will generally grant one parent “sole physical custody” and the other parent a right to visitation on a set schedule, or order “shared” physical custody.
There are numerous factors the court can consider before entering a custody order. For example, the court can consider abuse by one spouse, health problems of the child or parents, harmful teachings of a parent to a child, one parent’s lifestyle, each parent’s ability to care for the children, which parent has been the most active in the child’s education, and other similar considerations.
For additional information and a free, private consultation regarding divorce where children are involved, call or email our office today.
We handle many cases in Middlesex County (courthouses are in Woburn and Lowell) and Norfolk County (Canton), as well as Essex County in Salem. We also handle matters in Bristol County, including the New Bedford, Fall River and Taunton courthouses. We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton. We have offices conveniently located in Needham, Boston, Hingham and New Bedford.