The process of a custody trial in Massachusetts can vary depending on the specific circumstances of the case, but there are some general steps that are typically followed.
First, the parents must file a complaint for custody and visitation in the appropriate court. This will initiate the legal process and will typically result in a temporary custody order being issued by the court.
Next, the parents will be required to attend a mandatory settlement conference, where they will have an opportunity to try to reach an agreement on custody and visitation issues. If the parents are unable to reach an agreement, the case will proceed to a trial.
The trial process in Massachusetts typically involves the presentation of evidence and testimony from witnesses, including the parents, experts, and other relevant parties. The judge will consider this evidence and will make a determination on custody and visitation based on the best interests of the child.
After the trial, the judge will issue a written decision, which will become the final custody and visitation order. If either parent is unhappy with the decision, they may have the option to appeal the decision to a higher court.
The length of the process for a custody trial in Massachusetts can vary depending on a number of factors, including the complexity of the case and the availability of the courts.
In general, the process of a custody trial in Massachusetts can take several months to complete. After a complaint for custody and visitation is filed, it can take several weeks or even months for a temporary custody order to be issued by the court.
The mandatory settlement conference typically occurs within 30 days of the temporary custody order being issued. If the parents are unable to reach an agreement at the settlement conference, the case will proceed to a trial.
The trial itself can take several days or even weeks, depending on the complexity of the case and the availability of the courts. After the trial, the judge will issue a written decision, which can take several weeks to be finalized.
In conclusion, the process of a custody trial in Massachusetts typically involves the filing of a complaint, a mandatory settlement conference, and a trial where evidence and testimony are presented and considered by the judge. The judge will then issue a written decision, which may be appealed by either parent if they are dissatisfied with the outcome.