If one Parent Moves out of the Home and Leaves the Children with the Other Parent, does it hurt the Parents chances of getting Custody?

 The answer is yes.  Every case depends, and it depends on what’s in the children’s best interest, but a lot of the time the Court wants to keep as much stability with the children as possible.  If one parent has moved out for a time period and the children have been living with the other parent, that makes it less likely to change physical custody which would likely change the children’s routine and structure.

There are different circumstances, but you would want to speak to an attorney prior to moving out unless they are extreme reasons if you are seeking custody yourself, if the children will remain with the other parent.

Does Custody go to One Parent?

No. It used to be all the time that it was with one parent. Now in Massachusetts joint physical custody is occurring more and more often where the parent spends substantial amount of time with the children somewhere near 50/50.  Also, if the parents are married, a presumption in the divorce that there be joint legal custody about making major medical, educational and legal decisions.

Is Race Ever Legal Issue in a Custody or Visitation Decisions?

No.  It would be unconstitutional for that to occur.  Sometimes there is prejudice or discrimination, but by one parent or by one side.  The Court does not recognize limiting custody or visitation due to race issues on the parents.