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Tips for Creating an Agreed Upon Parenting Plan for Children in Massachusetts

  • Posted by Alexander Nesson
  • On September 30, 2025
The first and most important would be focusing on the children’s best interest, and they should look at how there can be as much consistency and structure as possible. It should look at the children’s age, the children’s maturity level, and what their daily or weekly schedule will consist of.  There are different arguments and […]
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In Massachusetts, what is the Standard to Change or Modify a Current Custody Order?

  • Posted by Alexander Nesson
  • On September 23, 2025
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 […]
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What to Expect at a Custody Hearing in Massachusetts.

  • Posted by Alexander Nesson
  • On September 16, 2025
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 […]
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In Massachusetts, How Does Relocation Affect Child Custody?

  • Posted by Alexander Nesson
  • On September 9, 2025
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 […]
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In Massachusetts, Can My Child Choose Which Parent to Live With?

  • Posted by Alexander Nesson
  • On September 2, 2025
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 […]
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Massachusetts now has the Massachusetts “Parentage Act”.

  • Posted by Alexander Nesson
  • On August 4, 2025
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 […]
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Massachusetts Updates Restraining Order Law to Include “Coercive Control.”

  • Posted by Alexander Nesson
  • On July 28, 2025
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 […]
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In Massachusetts, if there is an Issue in Custody but there is a Concern about the Other Parent Drinking or using Drugs. Is there anything that I can do?

  • Posted by Alexander Nesson
  • On March 31, 2025
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 […]
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Does it Matter Who Files First in a Divorce Case?

  • Posted by Alexander Nesson
  • On March 24, 2025
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 […]
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