In cases of divorce, the court of jurisdiction for the divorce proceedings will determine child custody arrangements. This includes custody rights of the parents, the Child’s home, and visitation rights.
When determining the home of the child, the court will base its decision on the best interests of the child. The court will consider the Child’s wishes, the parents’ wishes and the Child’s relationships with the parents, siblings, and others who may impact the decision 1.
If the spouses have children while married they will have an equal right to custody, however, the courts have the power to choose one of several custody options. Temporary custody grants custody to a chosen individual during the separation proceedings. Exclusive custody grants custody control, including decisions pertaining to education, religious upbringings, and health care, to one parent. Suing for exclusive custody entails proving that joint custody is not in the best interests of the child. Visitation rights may be appointed to the noncustodial parent.
In cases of exclusive custody, the noncustodial parent has the right to visitation unless expressly prohibited in the court’s decision. The courts may also implement restrictions on visitation. Denied or restricted visitation can be caused by a noncustodial parent who suffers from mental illness or has been physically or emotionally abusive to the child in the past 2.
If you are going through a custody battle, please contact the devoted attorneys of the LPLG Law Offices at (413) 534-4214 to protect your rights today. We will walk through every detail and evaluate each and all aspects of the case with you during your free initial consultation.
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Labrie, Pouliot, LaRocque & Guiel, P.C. handles child injury cases in Hampden and Hampshire County MA, including Chicopee MA, Springfield MA, Longmeadow MA, Holyoke MA, East Longmeadow MA, South Hadley MA, Northampton MA, for child injury cases.