A biological parent whose parental rights have been terminated. Does this parent have the right to participate in a post-termination hearing regarding visitation rights? Yes, according to a recent decision by the Massachusetts Appeals Court. In Adoption of Zak, the...
Tom and Ted are siblings who are one year apart. Tom and Ted's parents are divorcing and have been separated for a year. The boys stay primarily with their mother. They visit their father twice a week, including at least one overnight visit. The parents in this case...
Suppose that a partner in a committed relationship (but not marriage) wants to have children. The other partner undergoes surgery that prevents them from having children in the future. However, they neglect to inform their partner. This leaves the partner under the...
Nancy and Nick are married. However, they are living separately. She lives in the marital home with the couple’s daughter, Nicole, who is nine years old. Nancy has been Nicole’s primary caretaker since Nicole was born. Nancy believes she is automatically entitled to...
Audra and Adam, married for fifteen years. In that time, Audra has supported Adam while he finished medical school, underwent a medical residency, and established his practice. Audra also took care of the couple’s children. The couple enjoyed a comfortable lifestyle...
Ellen and Earl have been married for over 20 years. Their age is a key factor in the divorce. During the marriage, Earl worked full-time as an engineer, while Ellen stayed home to care for the parties’ two children. Ellen finished high school. Once the kids learned to...
Murray and Monique divorced a few years ago and share custody of their two minor children. The kids stay with Murray most days in one town and attend a well-reviewed school nearby. Monique lives in a different town, just five minutes away, and has generous visitation....
The Massachusetts Uniform Child Support Guidelines determine the amount of child support in most cases. Massachusetts has well-established guidelines. They do not tolerate deviation from these guidelines, and the payor must justify any change. How much deviation...
It's not uncommon for a hearing to occur and a judge to take a matter under advisement. That means the judge essentially wants to think about the matter before deciding what to do. Sometimes days or weeks pass before an order actually issues, but as we explain here,...
When would a judge make an abuse prevention order permanent? Can the judge extend it solely based on past abuse? The recent Massachusetts case of McIsaac v. Porter answered that question. [1] In that case, the plaintiff and defendant had dated for about six years and...