I have been a divorce attorney for over 25 years and a divorce mediator for almost as long. When a potential client asks me whether they should mediate their divorce or whether they should just get their own attorney and file for a contested divorce, I tell them the following. A contested divorce can last…
child custody
The New 2017 Massachusetts Child Support Guidelines: What’s New? What’s the Same?
The Trial Court of Massachusetts issued new Child Support Guidelines, which took effect last week on September 15th. There are many changes to the new Guidelines, but also a lot of things stayed the same. This article will explain the changes to the new Guidelines, but what also stayed the same compared to the 2013…
Handling a Child Custody Case
There are not many other types of court cases that are more emotional and stressful than a child custody case. Because emotions are running high during these types of cases, parents can sometimes fall into pitfalls and traps, which can ultimately hurt their case down the road. Here are some tips for parents going through…
Establishing Paternity in Massachusetts
In Massachusetts, the custody of a child born to unwed parents is presumed to be solely with the mother of the child, unless and until paternity of the child is established, and there is a court order regarding custody. It is important for both a mother and father to have paternity established, because without establishing…
The Legal Status of Parent Coordinators in Massachusetts
Parent Coordinators are commonly used in child custody and parenting matters in Massachusetts to facilitate resolving disputes between parents on issues relating children of divorce and children born out of wedlock. The Parent Coordinator typically acts as a referee to rule on any disputes, or works more like a mediator to help the parents negotiate…
How Divorced Parents Lost Their Rights
CHARLOTTESVILLE, Va. — MY wife and I disagree, sometimes vehemently, about how best to raise our four children. She’s a lawyer, and I am sure the thought of suing me has crossed her mind once or twice. But she cannot. American courts consistently refuse to entertain child-rearing disputes between married parents. In 1936, the New…
Deciding To Become A Stay At Home Mom? Consider This Cautionary Tale
There’s a story I’ve heard countless times over the years, from both clients and colleagues. The details vary from one couple to another, but in general, the plot goes something like this: Out of school, Amy and John each landed plum jobs in their fields. They worked hard and made excellent salaries, affording them the…
Pets increasingly at center of divorce battles
Can you imagine being separated from your adorable, furry companion? Increasingly, pets are becoming subjects of contention for couples undergoing divorce. In some cases, pets are even included in prenuptial arrangements, also known as “pre-pups.” There are nearly 179 million cats and dogs living in U.S. homes, according to the Human Society of the United…
The Important Difference Between a Merging and Surviving Separation Agreement
It is not uncommon for a spouse to want to modify certain provisions of his or her Separation Agreement after a divorce. As time goes on, circumstances will most certainly change for the former spouses. However, not all Separation Agreements are modifiable. Before a spouse files a modification action, it is important to ascertain whether…
Home schooling and child custody
When parents split up, and there is a dispute over who is to get primary custody, judges generally decide this based on what they see as “the best interests of the child.” One recurring question is whether a judge may consider the ideology that a parent is teaching the child— for instance, may a judge…
You must be logged in to post a comment.