What Are My Rights in a Child Custody Battle?

February 10, 2025

If you are involved in a child custody dispute, be aware of the rights that you have as a parent. Here’s a short rundown from a family law attorney in North Attleboro, MA, of the rights that parents have in child custody disputes.


What Are My Rights in a Child Custody Battle? A Family Law Attorney in North Attleboro, MA, Explains

The Right to Seek Custody or Visitation

Every parent has the right to seek involvement in their child’s life unless their parental rights have been terminated by the court. This may mean requesting joint custody, or pushing for sole custody. It might mean asking for expanded visitation rights. Whatever the circumstances, having both parents in a child’s life is generally considered to be in the best interest of the child as they grow up.


The Right to Request Modifications of Custody Arrangements

Custody arrangements are not permanent. If the current custody arrangements are not in the best interests of your child, you can always request that modifications be made. If you have a change in job, health, or another life circumstance, or you simply find that the current custody arrangements are impractical, you have the right to request that the arrangements be modified.


The Right to Be Heard in Court

You have the right to present your perspective and give evidence in court. The judge is legally bound to take your input into account when making a decision regarding your child. Both parents have the right to be a part of the proceedings, no matter which parent initiated the case.


The Right to Equal Treatment Without Regard to Gender

In the past, courts often ruled in favor of the mother in child custody cases, but now judges work hard to consider the case without any gender bias. Both the father and the mother will be considered on their own merits regarding their ability to provide a stable, nurturing environment for the child and meet the child’s needs.


The Right to Challenge False Allegations

If you have had false allegations against you regarding your treatment of your child or your unfitness as a parent, you have the right to defend yourself in court. You may gather evidence, call on witnesses, and present arguments to counter the claims.


The Right to Advocate for Your Child’s Wellbeing

You have the right to call for arrangements that are in the best interest of your child, even if it conflicts with the other parent’s preferences. Clearly demonstrate what is best for the wellbeing of your child, in all avenues: physical, social, educational, health, etc. Courts prioritize the best interest of the child and expect that a parent will exert their right to push for their child’s wellbeing.


The Right to Legal Representation

Finally, you have the right to seek legal representation. You can, of course, represent yourself. However, given how complex family law is, it is a good idea to take advantage of this right, and hire an experienced lawyer to help you.


For legal advice and assistance in a child custody case, get in touch with Brian D. Roman, Attorney at Law, in Attleboro, MA for help anywhere in the greater Boston area.

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