Legal Question in Family Law in Massachusetts

�Shared legal custody�, continued mutual responsibility and involvement by both parents in major decisions regarding the child�s welfare including matters of education, medical care and emotional, moral and religious development.

I currently have shared legal custody (not sole) with my twins. I would like to know what all that includes. Being notified of doctors appointments? injuries at the school? (notified by school in addition to their dad) treatments and plans for mental health care (they see a therapist, twins 9 years old). Should I be privvy to what the goings-on of their moral development?


Asked on 6/30/14, 7:42 am

2 Answers from Attorneys

I assume the other parent has primary physical custody and you both retain parental rights and "shared custody." Assuming that is the case. You should be kept informed about medical issues and should be consulted on things such as your children's need for therapy and the treatment. Moreover, you should be kept informed about their school work and related matters.

Without reading your separation agreement and/or divorce judgment, no one can tell you what additional specific rights you may have.

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Answered on 6/30/14, 7:56 am
Bill Farias Law offices of Bill Farias

Yes, with shared legal custody, you are entitled to all of that information. However, the issue will be: what is the other parent obligated to provide to you as opposed to your getting the information yourself from the source.

Unless it's specifically stated otherwise in a court order, as a practical matter, most of the information, you will just have to get yourself.

However, if the other parent's failure to provide you info and communicate with you is negatively impacting the children, the question then becomes whether shared legal custody is appropriate or if it's better to just have one parent in that role.

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Answered on 6/30/14, 1:27 pm


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