The Burden of Proof is in civil contempt it is called “Clear and Convincing Evidence.” The Order must be clear and unequivocal. The Order itself cannot be ambiguous and that means there might be a disagreement about what that Order means.  The Order also cannot have the gaps or omissions that might be problematic to […]

A Complaint for Contempt looks at non-compliance with any clear and unequivocal court order.  This includes both final Judgments and Temporary Orders.  They are not criminal contempt but the purpose behind it is to have the Defendant comply with a court Order and to provide a solution to the Plaintiff for that violation. Simple examples […]

Sometimes it is very clear when child support ends and other times it is not, but you do need to go to court or have the court change the child support order. There can be reasons why you would ask for this to occur if the child stops living with a parent who receives child […]

The answer is no. The Guardian Ad Litem report can be, and many times is a deciding factor for the court in terms of how the court would want to determine their decisions given the Guardian Ad Litem is generally an expert in custody and parenting time cases and as a neutral person, they do […]

The law is clear that there is no preferential treatment for a mother in a Massachusetts custody case. Both parents have equal custody and visitation rights. The practicality used to be that there was a significant favor to mothers over fathers even if it was not under the law.  Particularly, with some of the older […]

Usually, it is not. In Massachusetts, if there is an agreement approved by the court, they will not consider legally enforceable side deals that the parents make regarding child custody or parenting time. The courts though factor in what the parties have been doing but it would not necessarily be a legally binding contract if […]

Generally, both legal parents must agree to change the child’s name. In court, if the parties have a dispute, the courts will look at the best interest standard in determining whether the name change should be allowed or not.  There can even be a trial regarding this.

Child support does factor in whether the parents have joint physical custody or not. The child support is still calculated on the income of the parents. If one parent has a higher income and depends on what some of their obligations are, such as health, dental, vision insurance, childcare, and other child support obligations. There […]

In Massachusetts, the answer is no. Child support and parenting time are two separate rights or obligations that the court does not connect at all. You can file a Contempt if a parent is not paying child support, but you cannot restrict the parenting time.

The judges in Massachusetts look at what is in the child’s best interest. This is under General Laws, Chapter 208, Section 31, which includes the happiness and welfare of the children determine their custody. The judges, however, have a significant and broad discretion when determining custody or parenting arrangements. There are a range of factors […]