A judge will be unlikely to respond to the argument “My ex is a bad influence” or “My ex doesn’t know what is best for the children.” Judges hear these arguments all day, every day, during acrimonious divorce proceedings. What a parent needs to prove the former partner is not a fit parent is plenty of evidence.
The aim of divorce courts in deciding custody arrangements is to further the best interest of the child or children. For young children, this might mean keeping them with their primary caregiver. Otherwise, the court looks for a parent’s involvement with children, ability to provide financially, and ability to provide a stable environment for children. The more involved you are with your children, and the more ‘upstanding’ you are as a citizen, the more likely you are to receive at least some custody.
Importantly, courts will also consider the circumstances of the divorce. Massachusetts allows for both no-fault (no grounds) and at-fault (on grounds) divorces. The grounds for divorce in Massachusetts include, among others, adultery, total abandonment of a spouse, cruel and abusive behavior, and criminal conviction with a sentence of five years or more.
If you have evidence of disturbing patterns of behavior towards yourself and/or your children at the hands of your (soon-to-be) ex-spouse, this could form the grounds for an at-fault divorce or for you to receive primary custody.
Whatever the circumstances, if you are considering divorce, or are currently undergoing a divorce without a lawyer, call our office to discuss your options.