Monthly Archives: April 2019

How Does Adoption Work in Massachusetts?

Adoption is a wonderful process in which a child becomes a member of your family. The laws of adoption in Massachusetts are different in some ways from those in other states. So, how does adoption work in Massachusetts?

Adoption in Massachusetts

Under Massachusetts law, any adult, or married couple is legally allowed to adopt. Additionally, a married person may adopt without the consent or knowledge of their spouse under certain circumstances, such as if the other spouse is incarcerated or unable to give consent due to incapacity.

To adopt a child under the age of 14, Massachusetts law asserts the following situations must exist:

The child was placed with the person by either the Department of Children and Families (DCF) or a licensed adoption agency.
DCF or an authorized agency approves the adoption in writing.
The child is a blood relative.
The person is a stepparent of the child.
The person was named in a will by the deceased parents as the guardian or adoptive parent.

The process for adoption occurs over several stages. Once the decision is made to pursue an adoption, they must prove to DCF that they should be allowed to adopt. This proof may include a home study investigation, in which a DCF agent will ensure that the proposed living arrangements are adequate and offer a safe home for the child. This process may not be required in all circumstances, especially if the child has been living with the prospective family for more than six months.

Who Must Consent for Adoption?

Under Massachusetts law, a child may be put up for adoption provided written consent is given at least four days after the birth of the child. This consent must be signed in the presence of a public notary and at least two witnesses, one of which is chosen by the consenting parent. The child’s surviving lawful parents must grant this consent. If the child is born out of wedlock, however, and no father is known or claimed, only the mother is required to grant permission.

Consent for adoption is not required under certain circumstances. Consent is not required if the person up for adoption is over the age of 18, or if the family law court rules that adoption is in the best interests of the child. These instances include when the child:

Was abandoned
Is the victim of abuse or neglect
Has not had meaningful contact with the parents for at least six months
Has been in the custody of the state for 12 of the previous 15 months
Forms a strong bond with a caregiver in the father’s absence

Additionally, a child may be put up for adoption if the parent:

Suffers from drug or alcohol abuse problems
Fails to care for the child adequately
Has not remedied conditions which pose a risk to the child
Displays a pattern of neglect
Is a convicted felon and fails to provide a stable home for years

What Happens if Consent is Not Given for Adoption?

If consent is not given for adoption by either the birth parent(s) or the court, it is in the prospective adopter’s best interest to speak with an experienced family law attorney to evaluate their situation. Make sure you talk with the Shapiro Law Group today. Pick up the phone and dial 339-200-9933 to talk with a knowledgeable and caring family lawyer.

Why a Pre-Marital Agreement is a Smart Decision to Protect Your Assets and Business

Pre-marital agreements divide people when they’re mentioned. These agreements, however, serve an important role and are a helpful tool to avoid long-term problems. Here’s why a pre-marital agreement is a smart decision to protect your assets and business.

What is a Pre-Marital Agreement?

A pre-marital agreement, more commonly known as a “prenup”, is a private legal agreement between a couple that they sign before they marry. This agreement sets the division of the couple’s assets should a divorce or death occur. While many often consider a prenuptial agreement as something only the rich and famous use, in reality, they offer benefits for all couples before marriage.

The Benefits of a Prenup

They Help Protect Your Interests

Pre-marital agreements are a great way to establish safe boundaries regarding property and assets. While some states already recognize the premarital property of both spouses, having this in a written document is an excellent safeguard. This safeguard is especially useful for things such as family heirlooms, bank accounts, family properties or other essential valuables.

They Are More Impactful than Post-Marital Agreements

While prenuptial and postnuptial agreements are the same in concept, they are sometimes viewed differently by family law courts. Postnuptial agreements refer to an agreement forged by a couple after they legally wed. They still lay out the same details, namely which assets are the property of which partner and what is shared.

Depending on the state, prenups and postnups are treated differently. In some states, they are treated as the same, whereas in others, prenuptial agreements are considered legally binding, while postnuptial agreements are under the presumption of being lawfully invalid. This means the burden of proof is on the party seeking the enforcement of the terms.

Help Avoid a Bitter Divorce

Sometimes marriages fail. While this is not something to dwell on before a wedding, a prenuptial agreement can help reduce the stress experienced during a divorce. A prenup helps outline who owns what and can help to reduce the prospects of a messy and bitter divorce battle.

Prenups are Great for Those Who Were Married Before

Many are hesitant to bring up the topic of pre-marital agreements because they don’t want to appear to jinx a marriage or leave their partner feeling they aren’t fully committed to the relationship. For those who have been previously married, those who are older, or those who have children from a previous relationship, a prenup is an excellent idea.

A prenup helps protect children should something go wrong in the relationship. Furthermore, those who have been previously wed likely understand the dangers of lacking such an agreement and the effects they can have on assets.

Considering a Prenup? Contact an Experienced Family Law Attorney Today

No one gets married planning on a divorce, but when it goes in that direction, it’s essential you have your best interests protected. If you are looking for an experienced family law attorney to help you draft a pre-marital agreement, contact the Shapiro Law Group. Our family law attorneys are versed in all facets of family law and understand the complexities of determining assets and prenups. Pick up the phone and call the dedicated Massachusetts family law and divorce attorneys today at the Shapiro Law Group at 339-200-9933.

Everything You Need to Know About Common Law Marriage in Massachusetts

Common law marriage is when a couple is considered wed in the eyes of the government. But, how does it work and is it legal in Massachusetts? Here’s everything you need to know about common law marriage in Massachusetts.

Common Law Marriage

Marriage is a formal process, requiring a couple to go together to a town or city clerk to fill out a marriage license application no later than 60 days before a wedding ceremony. This process involves the payment of an application fee, as well as verification through government-issued identification that both parties are legally old enough to be wed.

In some states, marriage through common law is also available. Under common law marriage, two people are considered married in the eyes of the law after certain conditions are met. These conditions generally include:

Both people are not married to anyone else
Both are over the age of 16
They must intend to one day marry
They must cohabitate for a substantial period

Fifteen states and the District of Columbia currently treat certain couples as married under common law. Massachusetts is not one of those states.

Common Law Marriage in Massachusetts

While the Commonwealth of Massachusetts does not authorize common law marriage or make it available for couples, it does treat those couples who meet the litmus test for common law marriage in another state with the same rights as if they were married. This treatment is following the “full faith and credit” clause of the U.S. Constitution.

Proving a Common Law Marriage in Massachusetts

While Massachusetts recognizes the validity of out-of-state common law marriages, determining the validity of these marriages can be difficult when it comes to divorce, inheritance, or other issues common amongst married couples.

Since commonwealth judges are likely not familiar with the legal standards of the states where the couple were deemed common law married, parties face an uphill battle in proving the validity of their claims. Necessarily, a party – or their attorney – must teach the presiding family court judge the very laws they are arguing.

Proving the validity of a common law marriage is further hampered by the difficulty in obtaining evidence or witnesses from out-of-state.

Contact an Experienced Massachusetts Family Law Attorney Today

When it comes to Massachusetts divorce law, reaching the best possible outcome for your situation can be tough. This is especially true in the case of common law marriage. No one gets married planning on a divorce, but when it goes in that direction, it’s essential you pursue what is best for you. If you are looking for an experienced divorce attorney, you need to remember that just because someone files for divorce, that doesn’t mean life as you know it is over. Make sure you contact the Shapiro Law Group. Our family law attorneys are versed in all facets of family law, and understand the complexities common law marriages can pose. Pick up the phone and call the dedicated Massachusetts divorce attorneys at Shapiro Law Group at 339-298-2300 today.

Pedestrian Safety in the Spring

The snow is finally melting, the breezes are getting warmer and the sun is shining on budding flowers; spring is one of the best times to live in the northeast! Unfortunately, spring brings a new set of issues which pedestrians need to be aware of to stay safe. Here are four pedestrian safety tips to remember this spring.

Watch Out for Slippery Surfaces

Spring is that amazing time of year when the gloom of the winter months finally passes, and the sun finally peaks out from behind the clouds. This sense of renewal, however, often means slippery surfaces. Whether they are caused by melting snow or ice, heavy rain, or sloppy mud, slick and slippery surfaces pose a serious risk for personal injury. When walking on sidewalks, through parking lots, or in other public places this spring, always be sure to pay close attention to all surfaces – especially after dark – when cooler temperatures and black ice can lead to serious slips and falls.

Avoid Walking at Night

Nighttime isn’t just a danger because of black ice. Nighttime is a particularly treacherous time because of poor visibility. This is true in both urban and rural environments, where uneven pathways, debris and rocks, and other obstacles are hidden from view. Not only that, but walking at night opens pedestrians up to the danger of being struck by a motorist. When walking at night this spring, be sure to wear highly-visible clothing and carry a flashlight to ensure you see clearly – and are clearly seen.

Be Predictable

According to the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 Americans were killed in traffic collisions in 2017. While this was a slight decrease from previous years, the fact remains that far too many people are senselessly killed when walking alongside our nation’s roads. The NHTSA advises pedestrians to always keep a predictable path when walking along the road. This includes walking with the traffic, so drivers can see the pedestrian, as well as following the rules of the road and obeying all street signs and signals.

Never Assume the Driver Sees You

While walking with the flow of traffic is the best course to take, it is critical that pedestrians never assume that all drivers are aware of their presence. Bright colored clothing is one way to improve your visibility, but road signs, utility poles, or other objects may still obstruct a driver’s view. Before crossing any roads, always make sure to make eye contact with any motorists, to make sure they are aware of both your presence and your intentions.

Consult an Experienced Personal Injury Attorney Today

If you have been injured in an accident due to slippery sidewalks, dangerous drivers, or any other myriad medical maladies, contact a personal injury lawyer at the Shapiro Law Group today for help. Our attorneys can assist you through the whole process from start to finish. A member of our legal team is available to fight for your rights and ensure you get the compensation you deserve. Call today at 339-200-9933 for a free consultation.

Can Concussions Cause Permanent Damage?

Fans of sports will undoubtedly be aware of concussions and the effects they can have. Many of our favorite athletes have suffered from concussions at some point in their careers, especially if they take part in contact sports such as ice hockey, football, or even motorsports. Concussions can have a wide variety of short-term symptoms and complications which can sideline a person for weeks – even months. What are the long-term ramifications associated with concussions? Do they heal quickly with no lingering effects, or can they cause serious impairment for the foreseeable future? Can concussions cause permanent damage?

Concussions and Their Symptoms

Concussions are a form of mild traumatic brain injury (TBI). These mild head traumas can have a wide array of side effects, including:

Prolonged headaches
Vision disturbances
Nausea or vomiting
Dizziness
Balance issues
Confusion
Memory loss
A ringing of the ears (also known as “having your bell rung”)
Concentration problems
Light sensitivity

The good news is that according to leading scientists, the vast majority of those who suffer from a mild TBI respond well and are usually asymptomatic within a short period of time. This means that they do not suffer from any long-term ramifications from a single concussion. For others, however, mild TBIs such as concussions can have more serious consequences.

Long-Term Issues Associated with Concussions

According to Steven Flannagan, the Howard A. Rusk professor of rehabilitation medicine and co-director of the Concussion Center at NYU Langone Medical Center in New York, a “significant minority” of those who suffer from concussions can go on to experience chronic problems from their TBI. While this minority accounts for only 10 to 20 percent of those suffering a concussion, that is still a significant amount of people who deal with long-term consequences form concussions.

In those who experienced long-term impairments from concussions, the vast majority showed a shrinking of the brain when studied with MRI machines. While the shrinking was not dramatic, it was still calculable. This shrinking led to a number of symptoms which linger long after the concussion had subsided. These included:

Anxiety
Depression
Difficulty in concentration
Problem-solving and other cognitive problems

These symptoms are commonly associated with a condition known as post-concussion syndrome, which may last for a significant period of time, and can lead to time off work, trouble with relationships and a myriad of other problems. These symptoms can lead to lasting injuries. For this reason, you should always speak with an experienced personal injury attorney to ensure you can receive the compensation you deserve.

Suffered a Concussion? Call Shapiro Law Today

If you have suffered a head injury, such as a concussion, and have concerns regarding the long-term effects of your injury, you should contact a personal injury attorney at Shapiro Law today. Our expert lawyers can assist you through the entire legal process from start to finish. Our firm will work with you to get you full compensation for the damages you sustained, including payment of all medical and treatment bills, lost wages, and compensation for your pain and suffering. Call us today for a free consultation at 339-200-9933.

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