What is an affidavit of care and custody, and when does a party need to file one? Filing: The short answer to the latter part of that question: a party needs to file this document whenever there is a proceeding involving the care or custody of a child. In addition to...
Typically, a child born into a valid marriage receives the husband's last name. In Massachusetts, the husband is presumed to be the father. There is, however, no law in place that requires the parents to give their child the father’s last name. Massachusetts Supreme...
Larry and Lakshmi are the parents of Tom, a child who was born out of wedlock. Larry wants to acknowledge that he is Tom’s father. What steps does Larry need to take to acknowledge paternity in Massachusetts? The most common method to establish parentage is voluntary...
Leila and Liam divorced. They 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...
Alba and Andrew recently divorced after ten years of marriage. They ended their decade-long relationship. They have one child, Andy, and per the divorce decree, the share physical and legal custody. Alba is growing concerned. Andrew recently joined a religious order...
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...
Tim is twelve. His parents are getting a divorce. He is coping well but is concerned about living with his mother. Tim prefers staying with his father, who lives near his school. While he loves his mother, he doesn’t want to live with her daily. When will a child's...
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...
What’s better than being with your kids during the holiday season? Likely, you answered “nothing.” Co-parenting during the holidays with a former partner can be stressful. This time of year often increases challenges in sharing parenting time and responsibilities. To...