It is very common today that children are born of out-of-wedlock. Many times this may be a conscious thought-out decision, or it can be an unexpected blessing. In any event, if you are no longer with the other parent of your child plans must be made for the financial support of the child, as well as the issues of custody and parenting time.
A child born out-of-wedlock is entitled to the same rights and protections as a child born of a marriage. Your child must be supported financially by both parents, and must have parenting time with both parents.
While parties are free to have out-of-court arrangements for parenting time and child support, sooner or later one party or the other will violate the terms of the agreement, and the parties’ agreement will be completely unenforceable by a court of the Commonwealth. Therefore, even if the parties have an agreement and are working together for the benefit of their children, it is highly recommended that the parties file their agreement with the Massachusetts Family and Probate Court so that the court can enforce the parties’ agreement if enforcement of the agreement is required.
Child custody, child support, and parenting plan issues can be very complicated and stressful for all involved. An experienced and skilled advocate in your corner can be the difference. The best interests of the child are the most important factor for any attorney and for the courts. We will work with you to insure that your desires for the best for your children are met. We will get a firm parenting schedule set, and help establish a child support order that is fair and reasonable.
The determination of child custody and child support is extremely important. Each family is unique in this respect, but all must come to grips with questions such as where and with whom will the children live? Who will make important decisions about their lives? What contact will they have with each of the two parents? How will the children’s financial needs be met?
All of these questions regarding the parent’s children should be answered by the parents. The parents – in a perfect world – should come together and agree to the substantive issues in regards to their children. However, if the parties cannot agree to issues of custody, and child support, the court is there to assist and to provide an order that provides for the best interests of the parties’ children. However, a strong advocate on your behalf that relays your story and your interests to the court will assist you in making certain that your children’s interests are met.
Child custody laws in Massachusetts focus on the needs of the children and who can best meet those needs. Thus, the court seeks to provide the best and least disruptive living arrangements for the children while considering the importance of a child's continuing relationship with both parents. Some important factors that will be weighed are the child's well being; adjustment to family, school, and community; relationship with the parents; history of abuse, drugs or abandonment; which parent has been the primary care-giver. The law in Massachusetts does not grant preference to one parent over another based on gender.
Issues revolving our children are the most important. Contact Rao Law Offices to discuss your case and your options.