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If mother and father prove, nonetheless, that they’re unable to amicably make decisions for the good thing about a toddler, the court is likely to award sole authorized custody to the mother or father who has consistently and properly taken on the duty of creating decisions for the youngster. In Massachusetts, the non-custodial guardian usually has weekend parenting time. M.G.L. c. 208, § 31 defines sole custody as when a toddler resides with and is “under the supervision of 1 mother or father, topic to cheap visitation by the opposite mum or dad, unless the court docket determines that such visitation wouldn’t be in the perfect curiosity of the little one.” In a nutshell, when a mother or father has sole physical custody, the youngster primarily resides with that mother or father and the other mother or father has parenting time that seemingly reflects a schedule that permits the baby to be with the first custodian for 2-thirds of the time. Similar to authorized custody, physical custody can both be awarded solely to one guardian or shared by each mother and father. Legal custody can either be shared or awarded to one mum or dad.
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