Attorney Jeffrey T. Karp

1. Who gets custody of the children while the divorce action is pending in a Massachusetts court?

ANSWER: Either party to the divorce action may bring a Motion for a Temporary Order of Custody after the divorce complaint or petition has been filed.

2. What is the difference between physical custody and legal custody?

ANSWER: Generally speaking, physical custody of the minor children refers to the parent with which the children primarily reside. Legal custody of the minor children refers to the parent that has decision making power over the child such as decisions related to medical treatment, education, etc. Often times in Massachusetts, one parent is granted sole physical custody and legal custody is shared jointly by both parents after the divorce. However, there has been somewhat of a trend in Massachusetts for courts to award shared legal custody and shared physical custody if the court finds that it is in the best interests of the children to live with each parent on a rotating basis. The trend is also for shared physical custody to be called “co-parenting.”

3. If physical custody of my children was awarded to my ex-spouse during the divorce, may I now try to obtain physical custody?

ANSWER: Maybe. Generally speaking, in Massachusetts you would need to bring a Complaint for Modification of your divorce judgment and show the court that a substantial change in circumstances concerning the welfare of the children has occurred and that it is in the best interests of the children to now be in your custody.

4. If another state has entered an order pertaining to the custody of my children and the children now reside in Massachusetts, do I have to go back to the court in the other state if I want to seek a change in the custody?

ANSWER: Generally speaking, a Massachusetts Probate and Family Court will take jurisdiction related to child custody matters for children living within its county so long as the children have been legally present in that county (i.e., they have not been "kidnapped") for six months and there are no pending proceedings in the other state pertaining to the children.

5. If the father/mother of my children and I are not married, may I ask a Massachusetts court to grant me custody of the children?

ANSWER: Yes. You may file a Complaint for Custody if paternity has been established. If paternity has not been established, please refer to the web page entitled "Paternity."

6. What is a “guardian-ad-litem?”

ANSWER: A guardian-ad-litem, or “GAL,” refers to a person, often a psychologist or attorney, who is appointed by the Court to “investigate” issues and report his/her findings back to the judge. Judges often use them in high conflict child custody and visitation issues. In such cases, the GAL will likely interview the spouses and children, and the children’s caregivers, health providers, mental health providers, and teachers. The GAL will then make recommendations to the judge regarding custody, visitation, or other issues requested by the judge.

Attorney Karp provides the best criminal attorney and divorce attorney representation to clients located throughout Massachusetts and New Hampshire including the cities and towns of: Boston, Cambridge, Somerville, Medford, Malden, Stoneham, Brookline, Newton, Framingham, Quincy, Brockton, Lexington, Arlington, Watertown, Brighton, Allston, Dorchester, Roxbury, Mattapan, South Boston, Charlestown, East Boston, Revere, Winthrop, Lynn, Salem, Peabody, Danvers, Newburyport, Amesbury, Andover, Haverhill, Lawrence, Lowell, Wilmington, Essex County, Middlesex County, Norfolk County, Suffolk County, Woburn, Bedford, Acton, Wellesley, Waltham, Dedham, Gloucester, Hamilton, Wenham, Boxford, Ipswich, Newbury, North Andover, Bradford, Chelmsford, Tewksbury, Milton, Methuen, Salisbury, Melrose, Lynnfield, Beverly, Winchester, Saugus, Swampscott, Manchester, Derry, Strafford County, Rockingham County, Hillsborough County, Portsmouth, Seabrook, Exeter, Dover, Nashua, Rochester, Merrimack County, Brentwood, Plaistow, and Newington.