In every case where parents are not living together or are getting a divorce, custody of the minor children may become an issue.  If the parties cannot reach an agreement on custody of the minor children, the court must determine who will be the custodial parent or if both parents will share custody. Custody is often an emotional and bitterly contested issue.

There are two kinds of custody: physical and legal. Physical custody refers to where the child(ren) will live - either with one parent or both. In most cases, one parent is granted sole physical custody (the child lives primarily with one parent) while the other parent has a visitation plan.  Alternatively, if the parties share physical custody, the children alternate living with both parents. 

Legal custody refers to the right of both parents to be involved in making major decisions regarding the child, including the child’s education, health, religion, and welfare.  In most cases, the parents share legal custody; however, there are some cases where shared legal custody is not appropriate.

Other issues that may arise in a custody case include interstate or international disputes (where the parties live in different states or one lives in another country), or the desire of one parent to move with the child from Massachusetts to another state or country.

If you are facing custody issues regarding your minor children, Kerstein, Coren & Lichtenstein is ready to represent you.