Child Custody and Visitation Attorney in Hingham, Massachusetts
When do Massachusetts courts order shared physical custody?
When do Massachusetts courts order shared physical custody?
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Shared physical custody is a term that’s defined by statute in Massachusetts, and the statute defines it somewhat differently than what most people understand shared physical custody to be.
Most people look at shared physical custody as a 50/50 parenting split. Those used to be looked up on with disfavor by the Massachusetts courts. We’re seeing more and more of them these days, but they all have the same four hallmarks; the hallmarks are, that the parents have the same parenting vision, that the parents get along, that the parents live geographically close to one another, and the last one is that each parent has to have a work arrangement that favors this type of thing. If someone is traveling all the time, then a 50/50 split is not gonna work.
Hingham, MA family law attorney James M. Lynch explains the circumstances under which the courts will order shared physical custody. He states that shared physical custody is defined by statute in Massachusetts, and the legal definition differs somewhat from what most people assume. Many think of shared physical custody as an exact 50/50 split in parenting time. While courts historically viewed such arrangements with skepticism, they are becoming more common.
He notes that shared physical custody requires four key conditions: the parents must share the same parenting vision, maintain a cooperative relationship, live geographically close to one another, and have work arrangements that support this type of schedule. If a parent travels frequently or has a demanding job that prevents consistent participation, a 50/50 split is generally not feasible.
