Generally, the court will consider matters of custody by examining what is in the best interests of the child. The best interests of the child standard includes many factors. The court evaluates all relevant factors when making custody orders. It weighs each factor...
Divorce and Family Law Appeals Articles
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Supervised or Restricted Visitation
Generally, both parents have the right to visit and spend time with their children. This right is well established. Absent misconduct or other pressing issues, the Courts will grant each parent visitation rights and order that they may spend time with their children....
Can Income of a Significant Other be Considered when Calculating Child Support?
The probate and family courts are very busy places. Each judge has about 1,000 cases. Sitting in a courtroom and observing the various cases—along with their arguments, emails, text messages, and emotional outcries—reveals the complexity of the situation. In these...
Is a Trust Interest Part of the Marital Estate?
Is a trust interest part of the marital estate? The Massachusetts Supreme Judicial Court recently answered this question in Pfannenstiehl v. Pfannenstiehl. In this important case, the court concluded that the distribution of a trust as "marital property" depends on...
Should I Handle My Own Divorce?
I am a bit biased on this issue. This bias is likely to be expected. I'm a divorce and family law attorney I believe my knowledge and experience are invaluable when it comes to handling your own divorce. However, I also recognize that everyone, myself included, faces...