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? See how we addressed each Assumption: Assumption 1 – Access to School & Medical Records Assumption 2 – Consent to Medical Treatment Assumption 3 – The Shared Custody “Veto Power” Assumption 4 – Presumption of Shared Legal Custody What do Massachusetts Appellate Court Decisi...

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 4. Shared Legal Custody is Presumptive  Finally, an assumption about legal custody in Massachusetts that is supported by some law! The Massachusetts divorce statute does indeed make shared legal custody for married parents presumptive at the temporary order stage: [U]ntil...

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 3: A Parent with Shared Legal Custody can “Veto” the Major Educational, Medical and/or Religious Decisions of the Other Parent Many parents believe that shared legal custody provides a kind of "veto power" over major decisions the other parent makes on behalf of a child. Such ...

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 treatme...

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 ...