FAQs - Zawada Law Offices, LLC | Worcester Massachusetts

What is the difference between legal custody and physical custody?

Legal custody involves the authority to make major decisions regarding a child's upbringing, including education and healthcare. Physical custody determines where the child lives and how parenting time is shared between the parents.

What is the difference between legal custody and physical custody?yptadminLLC2026-06-30T18:49:13+00:00

Does Massachusetts favor equal custody?

Massachusetts law does not presume that one custody arrangement is appropriate for every family. The court's primary consideration is always the child's best interests.

Does Massachusetts favor equal custody?yptadminLLC2026-06-30T18:48:58+00:00

Can a child decide which parent to live with?

A child's wishes may be considered depending on the child's age, maturity, and the circumstances of the case. However, the child's preference is only one factor among many, and the court's ultimate responsibility is determining what arrangement serves the child's best interests.

Can a child decide which parent to live with?yptadminLLC2026-06-30T18:48:32+00:00

Do mothers automatically receive custody?

No. Massachusetts law does not favor one parent over the other based on gender. Custody decisions are based on the child's best interests and the specific facts of each case.

Do mothers automatically receive custody?yptadminLLC2026-06-30T18:48:18+00:00

Do I need an attorney for a child custody case?

While you are not required to have an attorney, custody disputes often involve complex legal and factual issues with long-term consequences for both parents and children. Obtaining experienced legal advice can help you understand your rights, evaluate your options, and develop a strategy that protects [...]

Do I need an attorney for a child custody case?yptadminLLC2026-06-30T18:48:02+00:00

What is the difference between a prenuptial agreement and a postnuptial agreement?

A prenuptial agreement is signed before marriage. A postnuptial agreement is entered into after the parties are already married.

What is the difference between a prenuptial agreement and a postnuptial agreement?yptadminLLC2026-06-30T11:02:00+00:00

Are prenuptial agreements enforceable in Massachusetts?

They may be. Massachusetts courts generally recognize prenuptial agreements that satisfy the applicable legal requirements, although enforceability depends on the specific facts and circumstances.

Are prenuptial agreements enforceable in Massachusetts?yptadminLLC2026-06-30T11:01:46+00:00

Can a prenuptial agreement protect my business?

Yes. Many agreements address business interests, professional practices, and future appreciation of business assets.

Can a prenuptial agreement protect my business?yptadminLLC2026-06-30T11:01:29+00:00

Can I protect my house if I owned it before marriage?

Depending on your circumstances, a prenuptial or postnuptial agreement may address property owned before the marriage and establish how that property will be treated in the future.

Can I protect my house if I owned it before marriage?yptadminLLC2026-06-30T11:01:14+00:00

Do both parties need separate attorneys?

Although not always legally required, independent legal representation is often advisable because it helps ensure that each party understands the agreement and their legal rights before signing.

Do both parties need separate attorneys?yptadminLLC2026-06-30T11:01:01+00:00

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