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Custody cases in Massachusetts: How do the Courts look at the difference between cooperative parenting and parallel parenting?

  • Posted by Alexander Nesson
  • On March 30, 2026
In high conflict cases, sometimes the expectations of cooperative co-parenting can be unrealistic, and sometimes Probate and Family Court judges frequently order what is called “Parallel Parenting Structures” that try to minimize the parents’ interaction. This is not ideal, but sometimes it can strictly define exchanges even at a police station or a supervised parenting […]
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Evolving Legal Issues in Child Custody Cases.

  • Posted by Alexander Nesson
  • On March 16, 2026
Even though Massachusetts custody law still centers on what is in the children’s best interests under General Laws Ch. 208 and other statutes. They are becoming more common factual issues that judges confront in Probate and Family Court.  A lot of this sometimes deals with technology and the modern parenting dynamics.  One example is that […]
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What are Some Common Mistakes Parents Make in a Custody Dispute?

  • Posted by Alexander Nesson
  • On October 7, 2025
Common mistakes parents make in a custody dispute include prioritizing their own needs over the child’s best interests, badmouthing the other parent, failing to document events, violating court orders, involving the child in the conflict, letting emotions dictate decisions, misusing social media, and not seeking professional legal advice. 
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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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