Divorce and Family Law Appeals Articles


Changing a Child’s Last Name

Typically, a child born into a valid marriage will receive the last name of the husband, who in Massachusetts is presumed to be the father of the child. There is, however, no law in place which requires the parents to give their child the father’s last name. In fact,...

Federal Servicemembers’ Civil Relief Act

When it comes to a divorce action between spouses where one or both spouses is a member of the military, certain specific procedural rules apply. In particular, the Federal Servicemembers’ Civil Relief Act (SCRA) provides that a person on active military duty is...

Keeping Children from Third Parties

Leila and Liam are divorced and share physical custody of their two children. Liam has a new girlfriend who has moved in with him. Leila disapproves of their living arrangements, which she claims are against her moral beliefs. She wants to know whether she can prevent...

Custody and the Religion of the Parents

Alba and Andrew are recently divorced after a decade of marriage. They have one child, Andy, and per the divorce decree, the share physical and legal custody. Alba is growing concerned, however—Andrew has recently joined a religious order which differs from Alba’s...

Parents Attending Post-Termination Hearing

Will a biological parent whose parental rights have been terminated have standing 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 biological...