It’s different where there is the Complaint for Modification to remove a child, but there can be a criterion where it can be looked at in terms of the significant disruption to the non-custodial parents parenting time if the parents can’t agree and it can be reviewed by the court.

A De Facto parent is one who has no biological relations to the child but has participated in the child’s life as a member of the child’s family.  Typically, living with that child and performing a share of the caretaking functions similar to a legal parent, usually with the consent of the legal parents.  De […]

In Massachusetts it is called “Best interest of the Child Standard” and it is a child centered standard. It is focusing not on the parents needs, but the child’s needs in which a parent or if both parents are best suited to meet the child’s needs. There is not a difference between genders that the […]

In that case, the mother has sole legal and physical custody unless and until the court order provides otherwise. This occurs even if the father has a formally acknowledged paternity.  However, there is no prejudice to father because of this and the courts.

In Massachusetts if the parents are married to each other, both parents share legal and physical custody of the child unless there is another court order.

There is sole legal custody and that is where one parent makes all the decisions regarding the child’s main welfare issues; such as education, medical decisions, religious decisions and the like. Shared legal custody means that both parents are going to work together to make those major decisions listed above. Sole physical custody means that […]

In Massachusetts most of the time Judges in Probate and Family Court determine the custody, parenting time or visitation.  These are involved through divorces, paternity, legal separations and the like. There also can be other exceptions where a 209A or a restraining order in district court might have jurisdiction at least for a time regarding […]

So, if the court does make a determination and supervision of a parent/child visit needs to occur, the courts will try and have the least restrictive options that would be in the children’s best interest.  This can include a family member or friend that either both parties agree to supervise the visit, or that one […]

In Massachusetts you do need to make a written request to the local area DCF office or a copy of the redacted records which means the blacked-out records. You should also keep a copy of the letter with that request in a file in case there is a disagreement.  In addition, if you have a […]

It is a Qualified Domestic Relations Order. It is a way in a divorce action to divide retirement accounts in a technical process that avoids penalties that would otherwise exist if the retirement account was divided. You should speak to an attorney about the specifics of this but it is a very good mechanism to […]