Child Custody


At Cascanett Law, we have extensive experience representing clients in diverse divorce and child custody cases.  Whether you are divorcing or are an unwed couple that is separating, determining who will have custody of the children is always challenging.  Since this is such a difficult and emotional time in life, you should seek a family law attorney that has experience in child custody issues so your children receive the support and care they need.

Two Types of Custody

There are two types of custody. Physical custody, with whom the children will live, and legal custody, who will be able to make major life decisions for the children such as education, medical care, religion, etc. Custody can be shared by both parents or placed in the sole custody of one parent.

Child Custody for Unwed Parents

For unwed couples in Massachusetts, the mother automatically has sole physical and legal custody unless a Court orders otherwise.  This is the case even if paternity is acknowledged.  If a couple is married then both parents share physical and legal custody until a Court orders otherwise.

Parent Education Programs for Divorcing Parents

Whether you are divorcing or separating, we recommend that you take the Parent Education Program that is required of all divorcing parents. This program assists parents in understanding the impact divorce has on their children. It also provides parents with communication tools for interacting with one another.  You can contact your local Probate and Family Court for information regarding the program.

How an Attorney Can Assist in Your Child Custody Situation

Divorce and separating are especially difficult on children.  If the separating or divorcing parents can agree on custody it is still encouraged to consult a family lawyer with experience regarding custody to assist in negotiation or mediate the details of custody, which include child support and visitation.  The more detailed a visitation schedule is, the less likely the parties will develop animosity over issues such as holidays or vacations later on. A skilled attorney can also assist in addressing issues that are likely to arise in the future (i.e. college, medical care, etc.) as parents would not normally consider issues they’ve never had to face before.

If parents cannot agree on issues of custody, visitation, and support, it is even more important to consult a family law lawyer to negotiate or mediate these issues.

The greater the animosity between the parents, the greater the emotional toll is on the children and the parents involved. A skilled family law attorney can assist parents in resolving these issues by keeping the parties focused on what is in the best interest of their children rather than on their own personal issues that led to the divorce or separation.

The Law Office of Ann E. Cascanett is here to provide you and your children with the support that you need by obtaining a result that is in the best interest of your children.

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Attorney Cascanett’s knowledge and professionalism helped ease my concerns as I worked through the legal process.

Christine P Worcester, MA December 11, 2014

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