Does the financial stability of my spouse affect child custody?
A question that I get asked very often with divorce and legal separation in Massachusetts is: “If I’m in a better financial position to take care of my child, and the other parent cannot provide for them, shouldn’t I get custody?” That question is very complex because it depends on the severity of the financial issues and the history of the family. All…
Can I Challenge or Dispute the Findings of a GAL Report?
A Guardian ad Litem (GAL) report can be disputed or challenged. If parties to a disputed custody or parenting plan action retained the services of a GAL, and the GAL report came back not as you expected, speak with your attorney about whether or not you should challenge the report and what are your chances of success. Courts do give a lot…
What Does a Guardian ad Litem (GAL) Do in Custody Cases and How Much Does it Cost to Hire One?
When asked to make a decision about a couple’s custody of their minor children, judges can only rely on the evidence and testimony that is presented to them in court. A judge cannot leave the bench or the courthouse to see in person what the couple’s family life is really like and to gather more evidence for himself. In addition, custody trials…
How can I change my parenting plan or visitation schedule in Massachusetts
While most judgments issued by a Court are permanent, there are times when this simply makes no sense. The best example of this is a parenting plan (the provisions governing how co-parents share time with their children and make decisions on their children’s behalves.). Setting a parenting plan in stone would be illogical and maddening, as the only thing that will be…
What are Massachusetts Parenting Coordinators and What Can They Do?
Parenting Coordinators are usually mental health professionals (such as therapists, counselors, psychologists) that help parents resolve conflicts. Parenting Coordinators (PCs) can also be family law attorneys as well. A PC is mutually agreed upon by the parties in a divorce or custody case. Both parents must agree to use a PC since the court does not have the power to appoint one….
Why do I need to take a Parental Education Class before I can get a divorce in Massachusetts?
Here in Massachusetts, if you want to get a divorce and if there are minor children of the marriage, then both parties must take a court certified Parental Education Class before the divorce can be made final. The class is offered through independent agencies but is certified by the Probate and Family Court system. It’s a 6 hour class, broken up into…
How long does it take to get a hearing date in court in Massachusetts?
The length of time to get a hearing date in Probate and Family Court depends on a few factors. It depends on: Who your judge is What type of hearing you’re requesting What county court your case is located Each judge in Probate and Family Court controls their own calendar. So depending on the judge’s availability is when you can get a…
Why Does My Lawyer Call Opposing Counsel “brother” or “sister” in court?
You might hear your lawyer often refer to opposing counsel in court as “brother” or “sister”. This does not mean they are biologically brothers and sisters. It is polite and customary for lawyers to address fellow members of the bar as brothers or sisters of the bar. It is done out of respect rather than a formal rule. So the next time…
How do you parent from a thousand miles away?
When one parent lives across the country from the other parent, how do you parent from a thousand miles away? During visits, few and far between, how do you connect with your own child who you grow increasingly distant from and know less and less about? Of all the family law cases I deal with, those cases dealing with parents separated by…
Moving a Child Out of State During Divorce
The question I want to answer today is how to move a child out of the Commonwealth of Massachusetts if the other parent won’t allow it. So here’s the situation: You and the other parent have one or more children together. You either share physical or legal custody with the other parent or at least the other parent has visitation rights You…