Massachusetts Child Custody and Child Support Attorneys
Handling Family Law Challenges for a Combined 50 Years
Child custody is often the most important and most sensitive issue for divorcing families with minor children, and custodial/parenting plans are often the most complicated and most litigated areas in family law. Why? Because the Court decides custody disputes based on the best interests of the child, rather than the interests of either parent. Factors considered when deciding a child's best interests include:
- The quality and the quantity of time spent with the child
- The age of the child
- The child's wishes (once he or she is older)
- Parents' locations and parents' relocation plans
- Which parent has served as the child's primary caregiver
- The location of the child's school
- The parents' schedules
The Role of the Guardian Ad Litem
Clearly, parents' desires and opinions are superseded by the numerous other factors taken into account during child custody proceedings. Some cases in which the parents cannot agree where the children should live and/or what the parenting plan will be require a Guardian Ad Litem.
A Guardian Ad Litem is either an attorney or a mental health professional who acts as a neutral investigator and/or evaluator. They will interview the children and speaks to the parents and anyone who has information about the parents or the children, such as relatives, friends, neighbors, school personnel and medical providers. The Guardian Ad Litem's role is to present an objective recommendation to the Court concerning the relevant custodial issues, such as where the children should live, how much time they should spend with the other parent and whether there is a need for supervision.
Sometimes the Guardian Ad Litem doesn't make a recommendation that is in line with your position. At the Danvers, Massachusetts, Law Office of Merril S. Chin, LLC, we have decades of experience handling these types of cases and taking them to trial when necessary. We advocate aggressively, but always realistically and compassionately, for our clients and we have been extremely successful in achieving our male and female clients' custody goals.
Sometimes an initial custody arrangement should be changed. Possibly the child/children are not being well cared for by the current custodial parent or sometimes, as a child gets older, he or she need to spend more time with the former noncustodial parent. While children certainly have voices in the custodial arrangements as they grow older, they do not make their own decisions until they reach the age of 18. At The Law Office of Merril S. Chin, LLC, we have the resources and experience you need to effectively handle such situations.
Child Support Determination
Child support disputes are generally less complex than child custody disputes, since Massachusetts has guidelines for determining who will pay support and in what amount. These guidelines take into account health insurance and day care costs.
Though guidelines exist, other factors can affect a child support order, and in certain circumstances the Court may depart from the child support guidelines, particularly if a child has specific needs such as medical or educational needs. Child custody arrangements and alimony awards can also affect child support. We have decades' of experience in assisting families with child support disputes.
Child Support and College Contributions
In addition to child support in a divorce or a paternity case a judge has the ability to order parents to contribute to their children's undergraduate college expenses. Depending on the parties' incomes, the amount of child support may change to reflect that the parents are now also paying for such college expenses. Sometimes these issues are dealt with in divorce/paternity agreements, and sometimes parents need to return to Court to resolve them at or near the time their children enter college.
Relocation/Removal
Sometimes one parent wishes to move outside of Massachusetts and take the child/children with them. This is referred to as removal or relocation. Where the parent is certainly permitted to go where he or she desires, the law is clear that they cannot take the child or children with them unless the Court or the other parent gives permission. This is despite the custodial designations and applies to children born of a marriage or outside of a marriage (paternity).
Since moving a child away from one parent will certainly impact that child's relationship with the non-moving parent, such cases are often the most difficult of all family law issues. If the parties do not agree that one parent should be permitted to move out of state with the child/children, the Court will apply the appropriate legal standard, which depends upon the custodial situation, to decide whether or not removal should be granted.
The lawyers at The Law Office of Merril S. Chin, LLC, have negotiated and litigated many removal cases. As these cases are very fact driven, a consultation is required to evaluate the specifics of your case and the likelihood of success.
Contact Us
The Law Office of Merril S. Chin, LLC, is located conveniently off of Route 1 and highways 95, 128, 62 and 114. We accept all major credit cards, offer flexible appointments and can be contacted at 978-767-4701 or 866-483-6848.
