If you and the other parent were never married, the Probate & Family Court in Massachusetts will begin by presuming that the mother has legal custody but this presumption can be rebutted as part of a Complaint for Paternity.

The Parenting Plan (sometimes referred to as physical custody), however, is often a touchy subject as it involves how much time your children will spend with you and how much time they will spend with your spouse or partner. This is likely something that neither of you gave much thought to when the family resided together.

We will first try to work with you and your spouse or partner and his/her attorney in an effort to reach an agreement on these issues. We have a lot of experience in writing and implementing parenting plans that are ultimately agreeable even to parents who never thought they would come to terms on the issue.

In the end, if the matter must be litigated, the Court must determine what is in the children’s best interests to decide how both legal custody and a parenting plan will be handled.

Since this issue is highly subjective, we will advocate on your behalf to convince the Court to implement your preferred parenting plan and allow you to decide how to best raise your children. With years of experience in litigating this issue, and as Guardians ad Litem, frequently appointed by the Essex County Probate & Family Court to make recommendations in specific cases, we are uniquely qualified to represent you if the matter of child custody and/or the parenting plan in your case cannot be resolved by agreement.