"The parties
shall have joint legal custody..."
"The Wife shall have sole physical
custody..."
Regarding both legal and physical
custody, the conclusion of Law by
the judge cited GL 208, 31 and further
cited:
"when determining child
custody awards in general...the guiding
principle always has been the best
interests of the child." Matta
v Matta, 44 Mass. App. Ct. 946, 947
(1998) citing Ardizoni v Raymond,
40 Mass. App. Ct. 73,4 738 (1996);
Rolde v. Rolde, 23 Mass. App. Ct.
398, 402 (1981)
"It is in the 'best interests
of the child' to preserve the current
placement with a parent, if it is
a satisfactory one, and stability
and continuity with the child's primary
caregiver is itself an important factor
in a child's successful upbringing."
Custody of Kali, 439 Mass. 834, 842
(2003)
The court should not "rearrange
a child's living arrangements in an
attempt to achieve some optimum from
all available permutations and combinations
of custody and visitation, when it
is generally wiser and safer not to
meddle in arrangements that are already
serving the child's needs." Custody
of Kali, 439 Mass. at 842.
"In making an order or judgment
relative to the custody of children,
the rights of the parents shall, in
the absence of misconduct, be held
to be equal, and the happiness and
welfare of the children shall determine
their custody. When considering
the happiness and welfare of the child,
the court shall consider whether or
not the child's present or past living
conditions adversely affect his physical,
mental, moral or emotional health."
GL 208, 31 |
