Legal Question in Family Law in Massachusetts

help pls

what is the differance between legel and physical custody which one holds more presidence? I do not know what to ask for.


Asked on 10/15/07, 11:28 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: help pls

Physical custody determines the parent with whom a child principally resides. Legal custody determines whether the parents share authority over major decisions, or only one parent has that authority.

In most divorce actions, the mother obtains physical custody by agreement, with legal custody shared so that the father can be involved in major decisions. The presumption in non-marital cases is that the mother obtains sole physical and sole legal custody, though many people are able to agree otherwise.

If you believe that the child is better off residing with you, you should seek physical custody and appropriate legal custody depending on the other parent's ability to make decisions with you.

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Answered on 10/15/07, 11:41 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: help pls

Just to add:

The importance of one depends on what problem you are trying to solve, or what issue you are trying to raise.

If you have questions contact me.

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Answered on 10/15/07, 12:00 pm


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