New laws have been proposed in Massachusetts that would
change the way child custody battles are fought. Two measures being put before
the legislature would alter the way courts award custody. The law, if passed,
would state that the child should spend no less than one-third of the time with
each parent. According to Radio Boston, the
proposed law has received quite a bit of criticism, with some claiming that
shared custody works for some families, but isn't appropriate in all cases. The
new law, critics argue, will limit the amount of discretion a judge has in
making custody decisions.
According
to the Boston Globe, the
new laws come in the wake of research that suggests that children do better
when they spend time with both parents following divorce. According to the Journal of Epidemiology and Community Health,
children who lived with both parents exhibited fewer health and psychological
problems than children who only resided with one parent.
While there
are clear physical and psychological benefits when children spend time with
both parents, shared custody is not always right for every family. For
instance, in cases of domestic violence, crime, or child abuse, it may not be
in the child's best interest to spend time with an abusive parent. In cases
where a parent is ill or on drugs, it may not be possible or even appropriate
for the parent to have custody of the child for one-third of the time. If the
new law is passed, many worry that children will be placed in situations where
their best interests won't always be considered.
Yet, the
new laws reflect changing attitudes toward child custody. As more mothers work
and as more men share parenting responsibility, shared custody arrangements are
becoming more popular. For parents who live in the same city, the benefits of
splitting the time down the middle with the children can be beneficial for the
whole family.
For parents
facing child custody concerns, it is important to contact a Springfield,
Massachusetts lawyer. Under current law, judges have immense discretion in
determining custody and visitation. Judges often base their decisions on the
best interests of the children, so it is important that parents who are seeking
custody build a strong child custody case.
It is also
important to note that even if the proposed legislation is passed, it won't
mandate that children spent one-third of the time with each parent, but
instead, would strongly encourage this as a starting guideline. At the end of
the day, parents will still have to make a strong case before the judge for the
parenting plan they choose for their families.
Finally,
the best outcomes usually occur when parents can settle their child custody
concerns outside of court. When custody battles go to court, the judge may make
decisions that neither parent is happy with. Even when parents decide to settle
their family arrangements outside of court, it is still important to hire a
child custody attorney like Bernadette Stark with DinsmoreStark Law Offices. A child custody lawyer in Springfield, Massachusetts
can inform both parents about their rights and responsibilities under the law
and help them draft a parenting plan that will be more likely approved by a
judge.
Call Bernadette Stark to discuss any legal family law issues. You can reach her at 413-341-3639 or visit her website at www.dinsmorestark.com.
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