What Courts Consider when it Comes to Child Custody in Massachusetts
How a Child’s Wishes Factor Into Custody Decisions
Some of the most difficult words to hear as you move through divorce proceedings is “I don’t wanna live with you” from your beloved offspring. Before we get ahead of ourselves and assume the worst, let’s look at the reality of child custody disputes in Massachusetts through the court’s eyes.
Firstly, every court case is going to shake out differently. The judge and any other court professionals like ARC volunteers and GALs all have biases and experiences that will influence the outcome, but parenting schedules and custody are never set in stone. Your divorce agreement is a living document that can be modified at any time down the line, and as kids get older, things are subject to shift and change.
What is the role of a Guardian ad Litem (GAL) and Attorney Representing the Child (ARC)?
As children get older (usually 14+), courts generally give more weight to their stated preferences. This makes sense, as it can be almost impossible to get a teenager to do anything that they don’t want to! In some cases, a child may be appointed an ARC (Attorney Representing the Child), whose role is to advocate for the child’s expressed wishes in court.
However, a child’s wishes are not always the same as what is in their best interests. That determination can be assisted by the appointment of a GAL (Guardian ad Litem), who completes a comprehensive investigation to evaluate the child’s overall wellbeing and recommends the most appropriate parenting schedule.
How are the child’s preferences considered when it comes to child custody in Massachusetts?
This distinction can be especially important in cases involving coercive control. A child may express a strong preference to live with one parent due to a trauma bond or a desire to appease that parent for emotional or psychological safety—often without conscious awareness.
In these situations, a GAL with training in coercive control can be critical. That expertise allows the GAL to look beyond the child’s stated preference, investigate the underlying dynamics, and better understand why the child is expressing that preference before making a recommendation to the court.
Beyond a child’s stated preferences, the court also considers a list of other factors to determine an appropriate parenting plan. Some of these factors include: the physical and mental needs of the child, parents’ work schedules, who acted as a primary caretaker during the marriage, and more.
How Domestic Violence Impacts Child Custody in Massachusetts
However, as we’ve discussed in this blog on Decoding the “Best Interest of the Child” Standard, there is a rebuttable presumption set by statute that joint custody is not in a child’s best interest in cases of domestic violence. For this to apply, there has to be a pattern of escalating abuse or an extreme incident of physical violence, leaving a void of cases that may not “qualify” if the abuse is non-physical such as in relationships marred by narcissistic abuse and/or coercive control.
It is important to note that custody and parenting plan decisions are subject to wide discretion by the judge. Two judges may have vastly differing opinions on the same case, which is why it’s so important to receive competent legal guidance on contested custody issues, and, if possible, keep control of the terms of your schedule by negotiating an agreement instead of gambling upon the whims of a stranger.
If you’re facing contested custody issues, we invite you to schedule a free Discovery Call with us to talk about your options.