It should be understood that the unmarried mother has the right to determine a child’s last name.  Even if a father believes that establishing paternity means that the child will automatically adopt the fathers last name, that is not the case. Even if the fathers name appears on the birth certificate, the last name is […]

The court will look at what is in the best interest of the child. This can include things such as the age and the maturity level of the child; the child’s individual and specific needs; the relationship between the parents; the geographical locations of the parents; the parents work schedules; if there are allegations of […]

There are 3 major legal issues related to unmarried parents.  First, is establishing paternity.  Second is child support and third is visitation. For Paternity to be established, you have to show that you are the legal parent. Typically, this is done by both parents signing a form in the hospital or the City or Town […]

In Massachusetts there is an interesting Guardianship case regarding the Burden of Proof to Vacate a Guardianship.  Fairly recently with the decision in November of 2018 the Appeals Court had talked about it being an unsettled law in terms of what the burden of proof is regarding vacating a guardianship; particularly, in probate court. The […]

What are some Documents that Would be Useful for Either a Divorce Attorney or a Divorce Mediator?  There are specific forms that mediators and the courts are going to require to be done that include biographical information and financial information.  You will need to have such things like names, addresses, dates of birth, date of […]

Is Mediation always the Best Approach?  Mediation is not for everyone. There are a lot of times where mediation is not appropriate. If there is a restraining order, if their perspectives regarding physical, emotional or verbal abuse that maybe good reasons not to.  If one party has their judgment impaired whether that is from substance […]

I am concerned that with Divorce Mediation that my Spouse and the Mediator will try and have me work on the Marriage to avoid getting a divorce.  This is one that sometimes people think that mediation is couples’ therapy, but the divorce mediator’s job is to work through the issues in a divorce, to try […]

What happens if I am for Trying to Resolve the Case through Mediation, but I do not want to be in the same room with my soon to be Ex-Spouse?  This is a frequent question that people say that I can’t stand being in the same room with their spouse and there are always arguments.  […]

It depends on the local practice. Many of the Courts that I am in, parents are certainly entitled to go but are not required and parents missing that date will not be held against them versus missing other dates.  At the end of date, most of the time it deals with the status and making […]

The report should have all the identifying information about the parents, children, legal names, legal history, such as date of marriage, divorce, court docket numbers, paternity and things of that nature.  What the issues are, and the allegations listed in the DCF Affidavit should include some family history, the conduct of the parties prior to […]