Add Number Fields Legal Massachusetts Visitation Forms For Free

Massachusetts law doesn't provide a strict “clock” that starts ticking the moment a parent, be it a father or mother, becomes absent from their child's life. Instead, it's the nature, reason, and implications of this absence that the courts assess.

The term abandonment generally means that the child was “left without any provision for support, and without any person responsible to maintain care, custody and control because the whereabouts of the person responsible is unknown and reasonable efforts to locate such person have been unsuccessful.

The following evidence can be used to prove a parent's unfitness based on mental illness: Medical records. Records of treatment for substance abuse. Mental health evaluation records. Police reports. Affidavits from mental health professionals. The child's school records. The parent's employment records. Restraining orders.

Custody Battle Blunders: Top 10 Mistakes To Avoid Negative Speech About The Other Parent. Seeking Sympathy From The Child. Poor Communication With The Other Parent. Unjustifiably Withholding Access With The Other Parent. Misrepresenting Substance Abuse. Separating Siblings In Blended Families.

There has been a prior pattern of parental neglect or misconduct or a felony assault that resulted in serious bodily injury to the child, and a likelihood of future harm to the child exists based on such prior pattern or assault.

Under Massachusetts law, a minor child (under the age of 18) does not have the right to choose which parent to live with. The decision can be made by the divorcing co-parents if they are able to come up with a custody agreement that is in the child's best interest.

An unstable parent often exhibits mental health issues, substance abuse, erratic behavior, inability to meet children's basic needs, and financial or legal troubles, affecting their capacity to provide a stable environment for their child.

In normal circumstances, after the divorce is final, the child custody and visitation agreement will become legally-binding. If the custodial parent unreasonably withholds visitation after that, it will be a legal violation of the court order.

To get sole custody in Massachusetts, you can file with the court if you are either going through a divorce or if the child is born out of wedlock. The court system in Massachusetts must be petitioned if you are to gain sole custody.