What Rights Do Grandparents Have When Parents Refuse Access to Their Grandchildren?
The breakdown in family relations subsequent to divorce goes beyond the relationship of the two direct parties to the divorce. Grandparents are often caught in the crossfire between the spouses. Loving relationships between grandparents and their grandchildren sometimes take the brunt of the collateral damage. What rights do grandparents have when parents refuse access to […]
Mental Illness and Child Custody in Divorce
Divorce is a stressful process to be endured by all parties to the process. The process is further complicated when one of the parties has mental health issues. When children were produced during the marriage, the issue of mental illness and parenting comes to the forefront of the marriage dissolution procedure. While mental illness is […]
What to Do If You Are a Victim of Stalking During Divorce
One of the sad realities of our day and age is stalking. So, what exactly is stalking? To paraphrase the definition given by Dictionary.com, stalking is unwanted following related to the act of pursuing or harassing. If you have been divorced, the likelihood of you being stalked by your ex is higher than the average. […]
What Your Divorce Lawyer Wants You to Tell Them
Having to end a marriage, no matter how short or long it may have lasted, is never a situation you want to find yourself in. But, as people grow and the marriage matures, sometimes it becomes painfully obvious that you were not meant to stay together. Under Massachusetts family law, navigating this process can be […]
How to Get Full Custody of Your Children in Massachusetts
After becoming a parent, keeping your child safe becomes an instinct. You’ll do whatever it takes to ensure your kids remain protected, which could be a major part of your child custody battle during a divorce. Of course, under Massachusetts family law, getting full custody of your children is not always an easy task. If […]
Can Mothers be Ordered to Pay Child Support or Alimony?
Going through a divorce is never easy for either partner. Whether it was mutual or you or your spouse initiated the divorce, no one plans to go through this legal process. Of course, as you get the process started, a lot of unexpected questions can arise. Among those questions, you might be curious about your […]
Adultery and Divorce: What You Need to Know
One of the most painful ways to end a marriage is finding out your spouse has committed adultery. There’s no questioning that this sort of action goes against everything marriage is built upon, and it is a complete betrayal. Having to endure the pain of knowing your spouse was cheating on you cannot easily be […]
Common Same-Sex Couples Family Law Issues
After a hard day’s work, there’s nothing more rewarding than returning home to your family and enjoying the evening today. Whether it’s with your children or just you and your partner, no one should ever claim your family is any less important than his or her own. However, the unfortunate reality for same-sex couples in […]
The Parent’s Guide to Grandparents’ Rights in Massachusetts
Dealing with in-laws can be tough, and we get that. If you have formed a bond with your ex-husband’s family, it can be difficult to lose ties with them during the divorce. On the other hand, sometimes in-laws are so toxic that you do not want them anywhere near your child. Your child’s grandparents may […]
Supreme Judicial Court Qualifies Right to Appointed Counsel for Indigent Probate Court Litigants
The right to counsel is a cornerstone of American constitutional law. In a recent decision, the Supreme Judicial Court of Massachusetts has qualified that right as applied to indigent guardians. Historically, Massachusetts Courts have observed that a parent whose minor child is the subject of a guardianship petition pursuant to G. L. c. 190B, § […]
Acknowledgement, Participation and Consent: SJC Examines The Hallmarks of Parentage
In 2014, Plaintiff Karen Partanen filed a complaint in the Probate and Family Court seeking to establish legal parentage of two young children. The complaint alleged that she and the defendant, Julie Gallagher, had been in a committed, non-marital relationship between 2001 and 2013. Using in vitro fertilization, and with Partanen’s “full acknowledgment, participation, and […]
Electronic Communication Tips When Filing For Divorce – Massachusetts
4 Tips for Handling Electronic Communication During Divorce During a divorce, we must pay special attention to how we use various forms of technology and electronic communication. All too often, an unsuspecting spouse will find their emails and social media posts front and center in their divorce trial. Due to the pervasiveness of electronic media […]
Custody Dispute Laws Massachusetts – Nicoletti v. Bolduc
Nicoletti v. Bolduc 14-P-1125 (November 6, 2015) The November 2015 appeals decision of Nicoletti v. Bolduc 14-P-1125 provides perspective to those whom feel aggrieved by the excessive delays often associated with judgments from the Probate and Family Court. Nicoletti was an appeal from a modification judgment of the Probate and Family Court (“the trial court”), […]
The Limits of Moral Condemnation – Jankovich v Jankovich – Family Law in MA
In Jankovich v Jankovich (14-P-1703), the Massachusetts Court of Appeals refused to morally condemn a father’s decision to have an extra-marital affair with the parties’ live-in au pair. Two years prior to their separation in 2012, the parties Jankovich hired a live in au pair, to assist with the needs their children. For the years […]
