Child Custody FAQs

If you and your co-parent cannot agree on a parenting plan, the court will decide the outcome. At that point, both parties give up control over the final decision.

That is why it is often in everyone’s best interest to reach an agreement outside court when possible.

If litigation becomes necessary, having an experienced custody attorney is critical. A contested custody case can become complex fast. You need someone ready to advocate for you and your child’s best interests in court.

In Massachusetts, courts do not typically require children to testify against a parent.

However, the court may appoint a Guardian ad Litem (GAL) to investigate the case and make recommendations regarding custody. As part of that process, the GAL may speak with your child.

The court may also appoint an attorney (ARC counsel) to represent your child’s interests. They will also communicate your child’s position to the court. These steps aim to protect the child while still giving the court insight into their needs and circumstances.

No specific age exists at which a child can decide where they will live. The court may consider a child’s preference if they are mature enough to express a well-reasoned opinion. Generally, people give more weight to older children, while they give younger children’s preferences less influence. Ultimately, the judge will decide based on the child’s best interests, even if the child prefers otherwise.

If a parent fails to follow a visitation or parenting time order, you can take legal action.

Your attorney can file a complaint for contempt or enforcement, asking the court to require compliance. The court may impose consequences if the violations continue.

Addressing these issues promptly is important to protect both your rights and your child’s stability.

Relocation cases are also called removal cases. They require either:

• The other parent’s consent, or
• Approval from the court

Even moving within Massachusetts may require court permission if it significantly impacts the existing parenting plan.

If your co-parent does not agree, you must file a complaint for modification seeking permission to relocate. The court will evaluate whether the move is in the child’s best interests and how it affects the relationship with the other parent.

Before a court can address custody, the parties must establish paternity.
This can be done through:

• Signing an acknowledgment of paternity, or
• Court-ordered DNA testing

If one parent does not cooperate, the other must file a complaint to establish parentage. Once the court confirms parentage, it can determine custody and parenting time if the parents cannot reach an agreement.

Yes. A court may revise a custody order when circumstances have substantially changed over time. The parent requesting the change must show:

1. A significant change has occurred, and
2. The suggested change aligns with what best supports the child’s interests

Courts do not change custody arrangements lightly, so it is important to present a clear and well-supported case.

While it may seem more economical to represent yourself, custody matters often become more complex than expected. An experienced child custody attorney understands:

• Court procedures
• Legal standards
• How to present evidence effectively

Having legal representation can help you avoid costly mistakes and better position your case for a favorable outcome.

If you have questions about your situation or are preparing for a custody case, talk with an attorney early. It can help you make informed decisions.

• Schedule a free 15-minute consultation
• Or book a more in-depth consultation with Wright Family Law Group