Legal Question in Family Law in Massachusetts

Who decides custody, and child support

The family courts decide custody, and not the child. When the child reaches majority, 18 in Mass, they are no longer in "custody" of a parent, if they become emancipated (live on their own). The emancipation of a child is a "change in circumstances", and gives you a reason to petition the court to modify the child support you are paying. Do not just stop paying. The order for you to pay is effective until the court changes the order. If there is a good reason why the other parent should have custody, then you may petition the court to revisit the custody issue. The reason needs to be substantial and not just because the child wants to change parents. (remember the saying about the grass always being greener on the other side of the fence, this applies to child custody from the child's perspective).

If custody changes, then the child support issue needs to be considered and an order may issue for the previous receiving parent to pay. The amount will not necessarilly (and probably will not be) the same amount. There is a formula used in Massachusetts to determine child support. Sometimes the Court will diecide that the formula does not apply, and will order an amount that it deems appropriate. This is a tricky matter, best to see a lawyer to help you navigate the process.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

A child may petition at any time

A child may petition the court at any age to live with the other parent, but obviously the reason in layman terms must be a good one! The reason must not be one borne of whimsy. NOT he/she won't let me stay out late. NOT he/she won't let me have a motorcycle/car. Something more along the lines of he/she has too many "aunts/uncles" visiting or the "aunts/uncles" are abusive, or he/she drinks/drugs too much. The reason ought to be substantial otherwise you'll waste time, money, energy, and will lose credibility. If the reason is substantial and the child is acting on his or her own, the court may even appoint an atty to represent the child's interests and/or a guaridan ad litem. Be prepared. You should consult an atty before approaching the court. Child support is as Atty Workman has already written. Good luck!

Children don't decide custody

In Massachusetts, a child can decide who they live with when they are 18 or otherwiseemancipated. At age 14, a child can indicate their preferences to a court but the courtdoes not have to follow their request. Once a custody matter has been filed in court,neither parent can remove the child from the state without permission of the otherparent or a court. Child support is ordered by the court. If a change in custodyoccurs, the court can order a change in support as well.