The foundational tenet that is supposed to be used in Massachusetts when deciding who gets custody of a child is to answer the question, what is in the best interest of the child? But how best interest defined is not always easy. Many may have legitimate arguments for why they should be granted custody of a child.
With the courts having the authority to make the ultimate decision, chances are good that someone will walk away unhappy. Child custody mediation represents one way of resolving such disputes in many situations. But it doesn't work in every case. The struggle that a couple in South Carolina is waging for custody of a great-grandchild may serve as a case in point.