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Showing posts from March, 2016

4 Common but Incorrect Assumptions about Legal Custody in Massachusetts: Assumption 2 – Consent to Medical Treatment

Guest Post Series: Attorney Nicole K. Levy of Stevenson, Lynch & Owens Explores Massachusetts Law in Search of a Clear Definition for "legal custody" in Massachusetts.

There are few family law issues in Massachusetts that inspire more head-scratching confusion and incorrect assumptions than "legal custody". Unlike physical custody, legal custody is an abstract idea that purports to embody a parent’s right to participate in a child's major life decisions. In this blog series we examine four common assumptions about legal custody in Massachusetts and attempt to answer the question: what has a parent who has been awarded legal custody really received?

Assumption 2: A Parent without Legal Custody Cannot Consent to Medical Treatment or Secure New Medical or Therapeutic Providers for Their Child(ren)

One of the most widely held assumptions about legal custody is that a parent who lacks legal custody cannot sign a child up for medical treatment, speak to a child’s …

4 Common but Incorrect Assumptions about Legal Custody in Massachusetts: Assumption 1 – Access to School & Medical Records

Guest Post Series: Attorney Nicole K. Levy of Stevenson, Lynch & Owens Explores Massachusetts Law in Search of a Clear Definition for "legal custody" in Massachusetts.

There are few family law issues in Massachusetts that inspire more head-scratching confusion and incorrect assumptions than "legal custody". Unlike physical custody, which focuses on the physical location/residence of the children, legal custody is an abstract idea that purports to embody a parent’s right to participate in a child's major life decisions. But what rights does legal custody really include? Virtually every custody case in Massachusetts includes an order for legal custody, but few clients, attorneys or even judges seem able to define exactly what the phrase means.

The Statutory Definitions: Legal Custody

Under the Massachusetts divorce statute, "shared legal custody" is defined as the “continued mutual responsibility and involvement by both parents in major decisions reg…