In Massachusetts, the standard to modify an existing child custody order requires showing a “material and substantial change in circumstances” since the original order was issued, and that the requested modification is “in the best interests of the child”. The change must be significant and directly affect the child’s welfare, not just a minor preference or […]

The custody hearings are significantly different, whether it is a 72-hour custody hearing with DCF or a Temporary Motion date scheduled in a divorce, paternity, or custody case, and whether it is a trial or pretrial case.  Generally, though, the standard is looking in legal custody, which is about who makes the major decisions regarding […]

This is a very litigated issue. If the parent needs to relocate out of state, it will affect any custody or parenting arrangements, and Massachusetts General Laws govern this.  The minor child whose custody or maintenance has jurisdiction shall not be moved out of Massachusetts without the consent of both parents for divorced parents. There […]

No, a child cannot legally choose which parent to live with in Massachusetts before turning 18, as the court’s decision is based on the child’s best interests, not their choice. However, a court may consider a mature child’s custodial preferences, especially with older children, but this is just one factor among many and is never the […]

In Massachusetts, the narratives for the mandatory parenting class for divorcing parents, which was in place before COVID, and then have a mandatory nature that ended, but at this point, it is another filing requirement.

In Massachusetts, Chapter 209C of the Massachusetts General Laws governs paternity actions for children born to unmarried parents. It establishes a legal framework for determining paternity, establishing support obligations, and addressing custody and visitation matters related to children born outside of marriage.  Key aspects of Chapter 209C: Establishing Paternity: It provides the process for legally declaring a man as the […]

Massachusetts courts now recognize “coercive control” as a form of domestic violence under the updated restraining order law. This new legal provision covers a broad range of behaviors intended to dominate or isolate a family or household member. Examples include: Isolating the victim from friends, family, or other sources of support Depriving them of basic […]

The answer is yes. You can have DCF involved. You can also ask the court to either have the parenting time of visitation supervised by that parent. You can also ask the court for a Motion by the court to order random drug screens, you could ask the court to order random alcohol testing, or […]

While technically the court doesn’t favor one spouse over the other based on who files for divorce first, the person who initiates the process can gain some advantages by setting the narrative, controlling the initial timeline, and potentially influencing the direction of negotiations by presenting their case first; however, the final outcome of the divorce […]

No. There is no specific time period.