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Joint Legal Custody in Massachusetts: Why It’s Beneficial for Children

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Introduction

Navigating the complexities of child custody can be one of the most challenging aspects of a divorce or separation. At Reeves Lavallee PC, we believe that understanding the nuances of joint legal custody in Massachusetts is crucial for ensuring the well-being of children involved in such cases. In this blog entry, we’ll explore the concept of joint legal custody and highlight the reasons why it’s a beneficial arrangement for children.

Joint legal custody is an arrangement where both parents share the responsibility of making important decisions about their child’s upbringing. This includes decisions related to education, healthcare, religion, and extracurricular activities. In Massachusetts, the courts often encourage joint legal custody as it promotes a cooperative parenting approach and ensures that both parents remain actively involved in their child’s life.

  1. Stability and Continuity One of the primary benefits of joint legal custody is that it provides stability and continuity for children. When both parents are involved in major decisions, children experience a sense of security knowing that their parents are working together for their best interests. This stability is crucial for their emotional and psychological development.
  2. Improved Parent-Child Relationships Joint legal custody fosters a healthy relationship between children and both parents. When parents collaborate and communicate effectively, children feel valued and loved by both sides. This positive interaction helps in building strong, trusting relationships that can significantly impact a child’s self-esteem and overall well-being.
  3. Balanced Decision-Making In a joint legal custody arrangement, both parents have an equal say in important decisions. This balanced approach ensures that the child’s needs and interests are adequately represented. It prevents one parent from making unilateral decisions that might not align with the child’s best interests.
  4. Reduced Conflict Joint legal custody can reduce conflicts between parents by promoting cooperation and shared responsibilities. When parents are legally required to communicate and make decisions together, it minimizes misunderstandings and disagreements. This, in turn, creates a more harmonious environment for the child.
  5. Consistent Parenting Approach Consistency in parenting is essential for a child’s development. Joint legal custody encourages parents to adopt a unified approach to discipline, routines, and values. This consistency helps children understand expectations and develop a sense of responsibility and discipline.
  6. Enhanced Emotional Support Children benefit from the emotional support of both parents. Joint legal custody allows children to maintain strong emotional connections with each parent, reducing feelings of abandonment or favoritism. This emotional support is vital for their mental health and resilience.
  7. Shared Financial Responsibilities Joint legal custody often includes shared financial responsibilities. Both parents contribute to the child’s upbringing, ensuring that the child has access to the necessary resources for their growth and development. This shared financial burden can also alleviate stress on one parent, leading to a more stable and supportive environment.

Conclusion

At Reeves Lavallee PC, we advocate for joint legal custody as a beneficial arrangement for children in Massachusetts. By fostering stability, improving parent-child relationships, promoting balanced decision-making, reducing conflict, ensuring consistency, enhancing emotional support, and sharing financial responsibilities, joint legal custody creates a nurturing environment that supports the holistic development of children.

If you have any questions or need legal assistance regarding joint legal custody, our experienced attorneys are here to help. Contact us today to learn more about how we can support you in achieving the best outcome for your child’s future.

See Also

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Same Sex Adoption

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Chapter 210, Section 1, allows a “person of full age may petition the probate court in the county where he resides for leave to adopt as his child another person younger than himself, unless such other person is his or her wife or husband, or brother, sister, uncle or aunt, of the whole or half blood.”

When a same sex married couple have a child through vitro fertilization (IVF) with the assistance of a known, or unknown, sperm donor they are not require to notify the sperm donor parties of the adoption as the “plain language” in the statute does not require it.

“G. L. c. 210, § 4, requires notice of a petition for adoption to be given only to those persons from whom written consent to the adoption must be obtained. See G. L. c. 210, §§ 2, 4. No notice is required for persons not expressly included in G. L. c. 210, § 2.” Adoption of a Minor, 471 Mass. 373 (2015). Notice is required to be given to the “lawful parent.”  The Court finds that “lawful parentage, and its associated rights and responsibilities, is conferred by statute on the consenting spouse of a married couple whose child is conceived by one woman of the marriage, through the use of assisted reproductive technology consented to by both [parents].” Id.

There are circumstances where a “punitive father” may request to establish his paternity. Some of those circumstances would be where the child’s mother was married to someone else at the time of the child’s conception or within 300 days after termination of marriage, or the mother was married when the child was born.

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Adoption

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As is in all child custody cases, including adoption, the standard is what is in the best interest of the child. Even when a parent has had little to no interaction or bonding with a child, either by choice, alienation or circumstances, it may not be beneficial for the child to have that relationship permanently severed by way of an adoption. The Court must determine not only what is in the child’s best interest currently but also how that determination impacts the child in a few years, and ultimately for the rest of his/her life.

Once an adoption is granted the child no longer has any rights to any benefits that the biological parent may have to offer, such as child support pursuant to G.L. c. 208, § 28, health insurance coverage, social security benefits in the event of the biological parent’s disability or death. 42 U.S.C. § 402(d) (2010). It would also disqualify the child from inheritance from the biological parent and the biological parent’s family under the laws of intestacy. G.L. c. 210, § 7.

Depending on the adoptive parent’s ability to financially care for the child, the termination of the biological parent’s rights would severe any child support obligation. Therefore, the Court must consider whether the adoptive parents will, may become or are a public charge. Even if the biological parent’s income is minimal the Court will order that parent to pay child support to assist in the well being and care for that child.

The Court must also consider the parent-child relationship and how if severed, through an adoption, would affect the child, now and ultimately forever.

“In the negotiation of their disengagement, divorcing parents may not bargain away the best interests of their children in general, and the children’s right to support, financial or otherwise, from either one of them in particular.” Adoption of Marino, 77 Mass. App. Ct. 656 (2010). See Knox v. Remick, 371 Mass. 433, 437, 358 N.E.2d 432 (1976); Wilcox v. Trautz, 427 Mass. 326, 334-335 n. 7, 693 N.E.2d 141 (1998); White v. Laingor, 434 Mass. at 66, 746 N.E.2d 150; Quinn v. Quinn, 49 Mass.App.Ct. 144, 146, 727 N.E.2d 92 (2000).

However, each case is unique and the circumstances in each case must be looked at to determine if adoption is a viable option.