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 […]

In Massachusetts, the child does not get to determine visiting a parent if there is a legal order. The court, however, may factor in the child’s input and reasoning behind it. The older the child is and more importantly the more mature and informed their decisions are, the more weight the court is likely to […]

In Massachusetts, the courts can factor in the child’s preference and rationale. The child does not get to decide where they live until they turn 18 years old when custody orders are no longer by the court. Again, the court will look at the child’s best interest and the rationale. The older and more mature […]

The appointment of a parenting coordinator is pursuant to an agreement by the parties. The court will approve this and incorporate it into an Order. There also can be a possibility of the court ordering it without the agreement of the parties. This is under General Laws, Chapters 208, 209, and 209c. A parenting coordinator […]

There is a lot of information in case law about Wallace, but it can be beneficial to juveniles; particularly juveniles that have no prior misdemeanor charges because it would depend significantly on whether the court would have jurisdiction. First, suppose the application for the Complaint alleges a single minor misdemeanor or multiple minor misdemeanors from […]

The court does not have jurisdiction for the so-called 1st offense.  It is under the Ch. 69 oath for the acts 2018 and an act relative to the Criminal Justice Reform Act.  There is an interesting case called “Wallace W” which is a SJC case in Massachusetts in 2019 which provides that a 1st offense […]

Generally, a restraining order in Massachusetts must show that there is a substantial likelihood of immediate danger or abuse, that the Plaintiff would be in reasonable fear or imminent serious physical harm.  If something is inappropriate and distressing it is not something that can meet the grounds for a 209A restraining order. The vacate order […]

One of the big differences is an order for sole use and occupancy of the marital home does not carry any criminal penalties.  It also does not have a need to be renewed after ninety (90) days. The order for sole use and occupancy of the marital home is a little less clear in terms […]