At Bullwinkel & Brooks, our attorneys have vast experience in the many ways custody issues present themselves and are sensitive to each client’s unique situation.  We are constantly reviewing new and updated case law as the number of non-traditional families grows.  The goal for us is always to do what is best for the children and advocate for our clients.

          There are two basic types of custody in Massachusetts, and each confers a different set of rights.  The first is “legal custody,” which addresses the right to make major decisions regarding the children.  Most commonly, parents are awarded “joint legal custody” of their minor children, which means there is a continued mutual responsibility and involvement by both parents in major decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.  

          The second element of custody is “physical custody,” which addresses where the children will reside.   A child will reside with the parent who has “sole physical custody” with appropriate parenting time with the other parent.  If the parties are awarded “joint physical custody” the children will reside equally with both parents.

          If you would like to discuss your present circumstances, learn what your rights would be in case you decide to initiate a custody action, or if you are seeking representation in a contemplated, pending, or ongoing custody action, please call or email us and arrange for a free consultation with one of our domestic relations attorneys. 

          Nothing is more important to a parent than their children.  The unfortunate reality of a divorce is that children are unable to spend the same amount of time with both parents as they did before.  At Bullwinkel & Brooks, we always encourage our clients to try and put aside any anger and hurt towards their spouse or the other parent and work towards a custody arrangement that protects the best interests of the children.  In the event an agreement is not possible, we advocate aggressively for our clients position. 

          Custody issues can arise in other contexts as well, for example between unwed parents, same-sex parents, parents and the Commonwealth, or even single parents who have undergone artificial insemination.