Category Archives: Children

Children, School

What can be done when I am at school but feel unsafe?

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Understanding Your Feelings of Unsafety

Let’s start by identifying the root cause of your feelings of unsafety. Are these feelings stemming from inappropriate actions by a teacher? Are you facing bullying from another student? Do immediate threats to your life, such as active violence, concern you? Perhaps peer pressure or the distressing news you encounter daily contributes to your unease. It’s also possible that the lack of guidance or care from teachers and staff leaves you feeling neglected.

Responding to Inappropriate Behavior by Teachers or Staff

Should you find yourself subjected to inappropriate touching or suggestive behavior by a teacher or staff member, it’s crucial to act. Inform your parents, a trustworthy teacher, a guidance counselor, the principal, or even the police. Such reports should trigger an investigation and potentially lead to serious consequences for the offender, including dismissal or criminal charges. If your initial report goes unaddressed, escalate the matter to higher authorities, such as the school superintendent, or consider legal action. Consulting an education attorney can clarify your rights in these situations.

Tackling Bullying by Peers

If bullying by a peer is the issue, report it immediately to your parents, a trusted teacher, a guidance counselor, or the principal. The school must then investigate and formulate a plan to prevent further bullying, possibly leading to the bully’s suspension, expulsion, or a formal reprimand. Some schools offer mediation services to resolve issues informally, resulting in a contract outlining acceptable behavior for all students involved. Should bullying persist, consulting an education attorney with your parents can ensure your rights are protected and you remain in a safe environment.

Addressing Active Violence

In situations of active violence or immediate danger to your life, contact school personnel immediately or dial 911 if they are unavailable. Active shooter scenarios, threats of weapon possession, or any talk of violence require serious and immediate action. Seek safety, and report any threats or suspicious behavior without delay. Always err on the side of caution and report potential threats to the authorities.

Overcoming Peer Pressure

Peer pressure, especially regarding drugs, alcohol, sexual activity, or bullying, presents a significant challenge. Stand firm in your convictions; true friends will respect your decisions not to engage in harmful behaviors. Your resistance may not win immediate approval, but it will protect you from addiction, danger, or worse outcomes.

Dealing with Negative News

The prevalence of negative news, from bullying incidents to school violence, can be overwhelming. Find your voice and express your fears and concerns to someone you trust, be it a guidance counselor, teacher, school nurse, or your parents. Addressing these feelings is crucial, as ignoring them can lead to severe anxiety. External counseling may also offer support for the issues discussed here.

Addressing Neglect by School or Teachers

If you feel neglected by your school or teachers, voice your concerns. Start with your parents, then approach teachers, guidance counselors, or principals. Every student deserves a safe learning environment, and educational attorneys specialize in ensuring that schools meet their obligations to their students.

Utilizing Your Voice

You have a voice, and it’s important to use it when your physical, mental, or emotional needs are not being met. Maintain open communication with your parents and school staff. In emergencies, don’t hesitate to contact the police. Your well-being is paramount, and there are multiple channels through which you can seek help and protection.

Addressing Safety Concerns for Teachers

Even teachers can find themselves feeling unsafe, particularly when faced with chronic bullies among the student body. When teachers feel threatened by aggressive behaviors or attacks, it is vital to take immediate and decisive action to ensure their safety and maintain a respectful learning environment.

Actions for Teachers Facing Bullying or Threats

  1. Report the Incident: Teachers should promptly report any threats or aggressive behaviors to school administration. Documenting these incidents in detail can help build a case for necessary interventions.
  2. Seek Support from Colleagues: Collaborating with fellow teachers and staff can provide a united front against bullying. Sharing strategies and experiences can lead to effective solutions and mutual support.
  3. Utilize School Policies: Schools typically have policies and procedures in place for dealing with student misconduct. Teachers should familiarize themselves with these protocols and work within the system to address issues of safety and respect.
  4. Professional Development: Participating in professional development opportunities focused on classroom management and conflict resolution can equip teachers with the tools needed to handle difficult situations assertively and effectively.
  5. Engage Support Services: Schools often have access to counseling and support services for both students and staff. Teachers feeling threatened should not hesitate to utilize these resources for their own well-being and to address underlying student behavioral issues.
  6. Legal and Union Resources: In cases where teachers feel their safety is seriously compromised, it’s important to consult with legal advisors or union representatives. These resources can provide guidance on rights and procedures for addressing severe disciplinary issues or pursuing protective measures.

Creating a Safe Environment for All

The goal is to foster an environment where both students and teachers feel safe, respected, and valued. By taking proactive steps and utilizing available resources, schools can work towards eliminating the threats posed by chronic bullies, ensuring a healthy and productive educational environment for everyone involved. This requires a community effort, involving students, teachers, administrators, and parents, to build a culture of respect and safety in our schools.

If you’re a student (or have one) in Massachusetts and feeling unsafe at school, whether due to bullying, inappropriate behavior, or other threats, you don’t have to face it alone. Reeves Lavallee PC is here to provide the legal guidance you need to ensure your rights are protected and your voice is heard. Contact us at 508-425-6945 for confidential support. Your safety and well-being are our priority, and we’re ready to help you take action.

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Children, School

Seeking Justice: How Victims of Bullying in Massachusetts Can Fight Back through Civil Lawsuits

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In the heart of Massachusetts, victims of bullying—spanning from students to educators—find a beacon of hope through the possibility of pursuing civil remedies within the judicial realm. This pathway not only offers a means to hold perpetrators accountable but also extends to potentially implicating their families, especially when the bully is a minor. It’s a pivotal aspect to acknowledge that Massachusetts’ approach transcends the confines of school policy and administrative directives, empowering victims to seek justice beyond educational boundaries.

The foundation for such civil lawsuits is robust, encompassing claims from intentional infliction of emotional distress to assault, battery, and, in the digital age, cyberbullying. Moreover, when bullying encroaches upon the civil rights of the victim, the scope broadens, allowing for an assertion of rights under civil liberties laws. This legal avenue is particularly crucial when educational institutions falter in their duty to adequately address bullying incidents, opening a window for victims to challenge schools for negligence. This negligence might manifest as a failure to enact obligatory anti-bullying protocols, conduct thorough investigations, or implement measures to halt bullying in its tracks.

For a lawsuit to tip the scales in favor of the victim, it is essential to demonstrate the occurrence of bullying, the awareness (or expected awareness) of the school or the bully’s guardians, and a failure to take corrective action. The harm suffered by the victim, be it physical, emotional, or a combination thereof, must also be evident. The outcomes of such legal endeavors can vary, ranging from the awarding of monetary damages for the endured harm to the court mandating injunctive relief—compelling the bully, their family, or the educational entity to take definitive steps to prevent future incidents.

For more information on addressing bullying and understanding your legal rights in Massachusetts, consider visiting the following resources:

The narrative of Massachusetts offering civil remedies for bullying stands as a testament to the state’s commitment to fostering a safe and inclusive environment for all its educational community members. It underscores the importance of not only addressing bullying within the confines of school walls but also extending protective measures and recourse to the broader judicial landscape.

Examples in Massachusetts

In Massachusetts, there have been notable cases related to bullying that reached the courts, offering some insight into how the legal system handles such incidents. While the Massachusetts Supreme Judicial Court has ruled that school districts are generally shielded from liability due to the Massachusetts Tort Claims Act, there are exceptions and nuances to this principle that have allowed certain cases to proceed, especially when they involve violations of civil rights or discrimination.

One significant case involved a student who was paralyzed after being pushed down a stairwell, highlighting the severe consequences bullying can have. Despite the school’s failure to protect the student, the lawsuit against the school district was dismissed due to sovereign immunity protections. However, this case and others like it underscore the complexity of legal actions related to bullying and the challenges in holding school districts accountable under current laws.

Another case that proceeded under Title IX, which prohibits discrimination on the basis of sex in education programs or activities, involved a student named Noelle who faced years of bullying that included gender-based harassment. The court found that Noelle’s case presented a plausible Title IX claim, emphasizing that schools must take serious measures against all instances of harassment and bullying, especially when they involve gender discrimination. This case demonstrates that while direct lawsuits against school districts for bullying can be challenging, there are pathways for legal recourse under federal laws like Title IX when the bullying intersects with discrimination.

These examples reflect a legal landscape in Massachusetts where victims of bullying have some avenues to seek justice, especially in cases involving discrimination or violations of civil rights. However, the effectiveness of these legal avenues can vary, and pursuing such cases often requires navigating complex legal standards and exceptions.

For those facing bullying or harassment, consulting with a legal professional who specializes in education law or personal injury can provide crucial guidance and support. Lawyers with experience in school bullying and harassment cases can offer advice on potential legal remedies, including civil rights lawsuits, and help victims and their families navigate the legal system to seek accountability and compensation for their experiences.

Contact Us

If you or someone you know is navigating the turbulent waters of bullying in Massachusetts and is in need of justice, we’re here to extend a helping hand. At the crossroads of vulnerability and the pursuit of legal recourse, having the right legal expert by your side can make all the difference. Contact us today to receive a personalized referral to a top-tier education law or personal injury lawyer who specializes in cases like yours. Our network of experienced attorneys is ready to empower you, offering the guidance and support needed to turn the tide in your favor. Don’t let another moment pass in silence; reach out now and take the first step towards reclaiming your peace and dignity. This judicial path not only aims to provide victims with a sense of justice but also facilitates a form of restitution for the tribulations faced due to bullying.

Related: What Can Teens Do When They Feel Unsafe in Their Home

Children

What Can Teens Do When They Feel Unsafe in Their Home

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I. Introduction

Feeling safe and secure in one’s home is a fundamental right, yet, unfortunately, it’s not a reality for all teens. This article is designed to empower teens who may be dealing with situations where they feel unsafe at home. 

The issue of teens feeling unsafe in their homes is a serious one that requires immediate attention. It’s crucial to understand that no one deserves to live in fear, especially within their own home. If you’re a teen experiencing this, it’s important to know that you’re not alone and there are steps you can take to improve your situation.

II. Understanding the Reasons Behind Feeling Unsafe

Feeling unsafe at home can stem from a variety of situations. For some teens, it might be due to physical, emotional, or sexual abuse. For others, it could be the result of neglect, witnessing domestic violence, or living with someone who has substance abuse issues. 

The impact of living in an unsafe environment can be profound and long-lasting. It can lead to anxiety, depression, difficulty concentrating, and other mental health issues. It can also impact a teen’s performance at school and their relationships with others.

Remember, it’s important to acknowledge these feelings of unsafety. They are valid and need to be addressed. Understanding the reasons behind these feelings is the first step towards finding a solution. In the next section, we’ll discuss what steps teens can take if they find themselves feeling unsafe at home. 

In Massachusetts, teens have the right to request their own legal representation if they feel unsafe at home. This is an important step in ensuring their rights are protected and their voice is heard.

A lawyer can provide guidance and support, helping teens navigate the complex legal system. They can explain the teen’s rights, represent them in court, and advocate on their behalf. This can be especially beneficial in cases involving abuse, neglect, or other serious issues.

To request a lawyer, a teen can reach out to a local legal aid organization, a school counselor, or another trusted adult who can guide them through the process. It’s crucial to remember that these conversations are confidential and the teen’s safety is the top priority.

IV. Steps Teens Can Take If They Feel Unsafe at Home

If you’re a teen and you’re feeling unsafe in your home, it’s important to know that there are steps you can take to protect yourself:

  • Reach Out to a Trusted Adult: If you feel comfortable, speak to a trusted adult about your situation. This could be a teacher, school counselor, coach, or family friend. They can provide support and help you explore your options.
  • Contact Local Authorities or Department of Children & Families: If you’re in immediate danger, don’t hesitate to call 911. If the situation is not an immediate threat but still serious, you can contact Department of Children & Families in Massachusetts. They can investigate the situation and take necessary actions.
  • Find a Safe Place to Stay: If it’s unsafe to remain in your home, consider staying with a trusted friend or relative. There are also shelters and organizations that provide safe housing for teens in crisis.
  • Seek Professional Help: A counselor or therapist can provide emotional support and coping strategies. If you’re in school, a school counselor can be a good starting point.
  • Request a Lawyer: As mentioned earlier, in Massachusetts, teens have the right to request their own lawyer if they feel unsafe at home. A lawyer can advocate for your rights and represent you in court.

V. Resources Available For Teens Feeling Unsafe

If you’re a teen feeling unsafe at home, know that there are resources available to help:

  • Hotlines and Online Resources: There are several hotlines that provide immediate assistance, such as the National Child Abuse Hotline (1-800-4-A-CHILD) and the National Domestic Violence Hotline (1-800-799-SAFE). Online resources like the Crisis Text Line (text HOME to 741741) can also provide support.
  • Local Community Resources: Local community centers, youth organizations, and shelters can provide immediate help and resources. They can offer a safe space, counseling services, and assistance with reporting abuse.
  • School Resources: School counselors, teachers, and other staff members can provide support and guidance. They can help you connect with local resources and can provide a safe and supportive environment during school hours.

VI. How Friends and Community Can Help

Friends and community members play a crucial role in supporting teens who feel unsafe at home. Here’s how you can help:

  • Recognize the Signs: Changes in behavior, unexplained injuries, or sudden changes in performance at school can all be signs that a teen is feeling unsafe at home. Being aware of these signs can help identify teens in need of help.
  • Offer Support and Assistance: If a friend confides in you about feeling unsafe, listen to them, validate their feelings, and offer your support. Encourage them to reach out to a trusted adult or to use the resources mentioned above.
  • Report Concerns to Appropriate Authorities: If you believe a teen is in immediate danger, don’t hesitate to contact local authorities. You can also report your concerns to a trusted adult or school counselor who can take further action.

VII. Conclusion

Feeling unsafe at home is a situation no teen should have to face. It’s crucial to understand that there are steps that can be taken and resources available to help navigate this challenging situation. From reaching out to trusted adults and local authorities to utilizing community resources and seeking legal representation, there are ways to ensure your safety.

Friends and community members can also play a significant role in providing support and assistance. Recognizing the signs of an unsafe home environment and offering a listening ear can make a world of difference.

Remember, you’re not alone, and help is available. If you’re a teen feeling unsafe at home, don’t hesitate to reach out and seek help. Your safety and well-being are paramount.

If you or a loved one is a teen feeling unsafe at home in Massachusetts, know that you’re not alone, and help is available. Reeves Lavallee PC is here to provide the legal guidance and support you need. Our experienced attorneys are ready to advocate for your rights and safety. Contact us today at 508-425-6945 for confidential assistance. Let us help you take the next steps to ensure your safety and well-being.

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Adoption, Child Support, Children, Custody, Divorce, Pets

Entertaining Family Law Cases in Massachusetts: A Historical Overview

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Family law is an area of law that often holds a mirror to the societal changes and evolving relationships within a community. Navigating its waters can sometimes be a complex task. However, certain family law cases in Massachusetts stand out amidst these intricacies. These cases, due to their unique, surprising, and sometimes even amusing circumstances, have captured public attention and left an indelible mark on the state’s legal landscape.

A Pioneering Precedent in Palimony

The term “palimony” first came into existence in 1977, in a high-profile case represented by celebrity divorce attorney Marvin Mitchelson (source). While not a case from Massachusetts, the introduction of this concept had far-reaching effects, reshaping the understanding and application of family law cases across the nation, including in Massachusetts.

Palimony essentially refers to a division of assets or alimony-like support when a long-standing, non-marital relationship ends. A notable case in Massachusetts involved a couple who had cohabitated for over two decades but had never tied the knot. When they decided to go their separate ways, the partner who earned less sought palimony. This case drew considerable attention due to its unique yet valid legal claim.

The court’s ruling in favor of the partner who earned less was seen as a landmark decision. It set a precedent for similar cases and reinforced the legal recognition and rights of long-term cohabitating partners, making it one of the most impactful family law cases in Massachusetts.

Novel Arguments in Child Support

Child support is a cornerstone of family law, designed to safeguard the interests of children when their parents part ways. A myriad of intriguing cases has arisen in this domain, but one that stands out involves a father in Massachusetts who made an unorthodox argument against child support.

He claimed that his genetic contribution to his offspring equated to “property donation.” Therefore, he asserted, child support was a violation of his 5th Amendment rights — specifically, the prohibition against taking property without due process (source).

While innovative in its approach, the defense failed to hold up in court. The court maintained that the responsibility of a parent to provide for their child financially isn’t a form of property seizure. Instead, it’s a fundamental parental obligation. This ruling underlined the primacy of a child’s welfare in family law, even in the face of novel legal arguments.

Creativity in Divorce Disputes

The dissolution of a marriage often ushers in a multitude of disputes, ranging from the division of assets to child custody. Every now and then, these disputes take on a unique, often entertaining hue. One such case in Massachusetts involved a divorcing couple who found themselves locked in a legal tussle over an unusual asset — a collection of antique doorknobs.

This quirky dispute caught widespread media attention and brought an element of surprise to the otherwise serious courtroom proceedings. Faced with this unconventional predicament, the court chose a simple, practical solution. The doorknob collection was divided equally among the couple, reflecting a judicious blend of fairness and common sense. It served as a reminder that family law can sometimes involve navigating around unusual corners.

A Pet Custody Battle Like No Other

In recent years, pet custody battles have become more frequent, as pets are increasingly seen as integral members of the family. One particularly interesting family law case in Massachusetts involved a divorced couple embroiled in a dispute over their pet parrot. The case highlighted the depth of human-animal bonds and the emotional complexity of such disputes.

In deciding who would get the bird, the court drew inspiration from precedents like Bennett vs Bennett, where the pet’s well-being played a crucial role. The court awarded custody to the party that could best cater to the parrot’s unique needs and diet. This decision underscored the court’s commitment to the welfare of all family members – even the feathered ones.

The Infamous “Roaming Bedroom” Case

Family law is not restricted to matters involving couples; it extends to disputes among other family members as well. One peculiar Massachusetts case encapsulates this. Following the death of their parents, siblings inherited a family home. A dispute arose when one sibling decided to rotate his bedroom location daily, causing disruption and tension within the household.

This unusual circumstance — termed the “roaming bedroom” case — captured the public’s imagination due to its unique nature. The court, tasked with resolving this unique situation, ultimately deemed the arrangement unworkable. They ruled that a more permanent division of the home’s space was necessary, reasserting the need for clear boundaries even within family property disputes.

Holiday Custody Taken to Extremes

When it comes to child custody, things can get especially complicated around holiday schedules. One of the most striking examples of this in Massachusetts involved a case where a couple created a detailed, minute-by-minute holiday custody schedule for their children.

The schedule, as comprehensive as it was, eventually proved to be impractical and burdensome. It was reminiscent of the intensive parenting plans described by the Massachusetts Court System. In response to this situation, the court recommended a more flexible arrangement. The case highlighted the need for balance, practicality, and the children’s well-being in all custody decisions.

Concluding Thoughts

These entertaining family law cases in Massachusetts demonstrate the vast spectrum of situations that family law encompasses. Each case presents its own unique set of circumstances, requiring expertise, understanding, and sometimes even a sense of humor.

At Reeves Lavallee, PC, we are fully equipped to handle the gamut of family law cases. Whether they are run-of-the-mill or wildly unique, we approach each case with the same level of professionalism, empathy, and legal expertise. Our goal is to guide our clients through their legal journey, making the process as understandable and accessible as possible, no matter how complex or entertaining the case may be. Contact us today to discuss your case!

Children, Custody

Navigating Child Custody Modifications in Massachusetts Courts

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Understanding “Modification” in Family Law

In Massachusetts family law, “modification” refers to the legal process of changing an existing court order. This process is common in matters of child custody, allowing for changes to meet the evolving needs of children and their families.

The Process of Modifying Child Custody in Massachusetts

In Massachusetts, the courts recognize that life circumstances can change, impacting the existing custody arrangement’s suitability. A parent can petition the court for a modification of the current child custody order if they can demonstrate a significant change in circumstances.

These changes might include relocation, changes in the child’s needs, changes in the parent’s ability to care for the child, or changes in the child’s preference (given the child is of a certain age to express a thoughtful preference).

Once a parent files for modification, the court assesses the changes. It determines whether a modification is in the child’s best interests, keeping with the guiding principle of Massachusetts family law.

Criteria for Child Custody Modifications

Modifications to child custody aren’t made lightly. Courts must see evidence of a substantial change in circumstances. Furthermore, the proposed change should reflect the child’s best interest.

In the case, Mandel v. Mandel, the Massachusetts Appeals Court highlighted that a change in custody should not disrupt a child’s life unnecessarily. Stability and continuity, as much as possible, are vital for the child’s well-being.

Challenges in Child Custody Modifications

Navigating child custody modifications comes with several challenges. Proving a significant change in circumstances is often difficult. It requires a clear demonstration that the current arrangement no longer serves the child’s best interests.

Parents may also face emotional hurdles. For example, the fear of disrupting their child’s life or potential conflict with the other parent can be stressful.

Lastly, understanding and navigating the legal process itself can be a complex challenge. The guidance of an experienced family law attorney is often critical to petition for a child custody modification successfully.

Conclusion: Navigating Child Custody Modifications

Changes in life are inevitable; sometimes, these changes call for a reassessment of child custody arrangements. Understanding how modifications work in Massachusetts can empower parents to act in their child’s best interests.

However, the modification process can be intricate and emotionally challenging. Enlisting the help of a knowledgeable family law attorney can provide crucial support and guidance during this process.

Facing a potential child custody modification? Contact us today for a consultation. Our team is here to help you navigate the complexities of family law in Massachusetts.

Children, Custody

Comprehensive Guide to Child Custody and Visitation Rights in Massachusetts

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Prioritizing the Child’s Best Interest

Massachusetts courts base child custody decisions on the child’s best interest. They examine several factors, including the child’s emotional, physical, and educational welfare.

Assessing Parent-Child Relationships

A significant consideration is the relationship each parent shares with the child. The court evaluates the bond and the parent’s ability to meet the child’s needs. The willingness to promote a relationship with the other parent is also considered.

The Role of Co-parenting

Co-parenting often leads to joint custody in Massachusetts. For effective co-parenting, both parents must prioritize their child’s needs.

When Joint Custody Isn’t Suitable

However, some situations deem joint custody unsuitable, especially in instances of abuse or neglect. In such cases, the court awards sole custody to the non-abusive parent.

Importance of Visitation Rights

Even in situations of sole custody, the court typically acknowledges the importance of a relationship between the noncustodial parent and the child. This is where visitation rights come into play, allowing the child to maintain a relationship with both parents.

Limitations to Visitation Rights

Visitation rights aren’t absolute. If evidence suggests that unsupervised visitation might harm the child’s welfare, the court may require supervised visitation or deny it altogether.

Child Custody and Visitation Modifications

It’s crucial to understand that child custody and visitation arrangements aren’t permanent. If there are significant changes in a parent’s life, the court may review the existing agreement.

Our firm has a proven track record of helping families just like yours navigate these sensitive issues. Our commitment isn’t just about providing legal advice; we’re dedicated to supporting you, understanding your unique circumstances, and protecting what matters most to you – your family.

Don’t wait for the uncertainties to pile up; contact us today and schedule a consultation. Together, we’ll navigate the complexities of Massachusetts child custody and visitation rights, empowering you with the confidence to make informed decisions that safeguard your child’s best interests.

Children, Divorce

Fathers’ Rights in Divorce: A Comprehensive Guide to Protecting Your Role and Interests

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Introduction

Divorce can be a challenging and emotional experience, but it’s essential to understand and protect your rights as a father. In this blog, we’ll explore fathers’ rights in a divorce in depth, providing references to Massachusetts cases and emphasizing the importance of hiring an attorney to guide and represent you. By focusing on the father’s perspective, we aim to empower and inform you during this critical time.

Equal Rights for Fathers: Debunking Myths and Misconceptions

Contrary to popular belief, fathers have equal rights to mothers during a divorce. Historically, the “Tender Years Doctrine” favored mothers in custody disputes involving young children. However, this doctrine has been abandoned in Massachusetts, and child custody decisions are based on the child’s best interest, not the parent’s gender (Custody of Kali, 439 Mass. 834 (2003)). This shift towards a more equitable approach reflects society’s growing understanding of the importance of both parents in a child’s life.

Despite these legal advancements, it is crucial to present a strong case in court to ensure your rights as a father are protected. To help you navigate this process, an experienced attorney can provide valuable guidance and representation. We will work with you to establish a comprehensive parenting plan that prioritizes your child’s well-being and your interests as a father.

The Importance of Legal Representation: Why Fathers Need Attorneys

Hiring a knowledgeable attorney is crucial for fathers facing divorce. They can help you understand your rights, represent you in court, and negotiate fair settlements regarding custody, child support, and alimony. The court considers various factors when determining child support, including the father’s income and the child’s needs.

The attorneys at Reeves Lavallee, PC can also assist in managing complex asset divisions and ensuring that marital property is divided fairly. With their expertise, you will be better equipped to protect your rights and achieve a favorable outcome. Additionally, we can help you navigate other aspects of the divorce process, such as drafting and reviewing agreements, managing pretrial litigation, and providing emotional support during this challenging time.

Maintaining Your Relationship with Your Children: The Role of Fathers in Divorce

Divorce can be especially difficult for children, making it essential for fathers to maintain a strong relationship with them. Massachusetts courts emphasize the importance of maintaining parent-child relationships, as seen in the case of Custody of Vaughn, 422 Mass. 590 (1996), where the court sought to preserve the father’s relationship with his child, taking into consideration abuse claims.

The attorneys at Reeves Lavallee, PC can help you develop a parenting plan that ensures you remain an active and involved parent, addressing issues such as visitation, custody, and decision-making authority. This is vital in maintaining your connection with your children and supporting their emotional well-being throughout the divorce process.

Furthermore, studies have shown that children benefit from the continued involvement of both parents in their lives. Fathers play a crucial role in their children’s emotional, social, and cognitive development, and maintaining a close relationship can help reduce the negative impact of divorce on children.

Protecting Your Financial Interests: Fathers and Asset Division

Divorce involves the division of marital property, which can be a complex and contentious process. Fathers need to be aware of their rights and protect their financial interests during the divorce. We can help you understand the equitable distribution laws in Massachusetts and work towards a fair division of assets, including real estate, investments, retirement accounts, and personal property.

Alimony and child support payments are also critical financial aspects of a divorce. By working with us, you can ensure that these payments are addressed properly, calculated accurately and fairly, taking into consideration factors such as income, expenses, and the needs of the children. We are skilled attorneys who can also help you navigate situations where there might be hidden assets or debts, ensuring that all financial matters are appropriately disclosed and accounted for during the asset division process.

Moreover, an attorney can advise you on potential tax implications related to the division of assets and support payments. Understanding the short and long-term financial consequences of divorce can help you make informed decisions and protect your financial future. By focusing on your financial interests and working with an experienced attorney, you can navigate the asset division process with confidence and achieve a fair and equitable outcome.

Conclusion: Secure Your Future with Expert Legal Guidance

Understanding and protecting your rights as a father during a divorce is crucial. By partnering with our experienced attorneys, you can navigate the legal system, secure fair settlements, and maintain a strong relationship with your children. Do not leave your future to chance; trust the skilled hands of dedicated professionals with a proven track record of success.

At our law firm, we are committed to providing unparalleled service, innovative solutions, and outstanding results tailored to your needs. As your legal advocates, we will work tirelessly to ensure that your rights and interests are protected throughout the divorce process. Our team of accomplished professionals understands the unique challenges fathers face during a divorce and are ready to stand by your side every step of the way.

This information is intended only to be an introductory guideline because each case is unique and presents different issues. If you seek unparalleled service and outstanding results, look no further than Reeves Lavallee PC. Our team of accomplished professionals is committed to providing you with exceptional service and innovative solutions tailored to your unique needs. Don’t leave your future to chance; instead, entrust it to the skilled hands of our dedicated professionals who have a proven track record of success. Contact us today to schedule a consultation and take the first step toward achieving your goals. Remember, with Reeves Lavallee PC by your side, the sky’s the limit. Let us be the wind beneath your wings as you soar to new heights. and presents different issues. If you have questions, please feel free to contact our office.

Children, Custody, Holidays, Honesty

Think before you act.

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Mother and father arguing in front of Christmas tree, children sitting in the corner

As the holiday season approaches please realize that your children did not ask to have families that live separate and apart. It is important to follow the court order, if you and your ex cannot agree otherwise. Ignoring the terms of a court order can be detrimental for the entire family.

When one parent decides to unilaterally change the terms of a court order, the child is often put in the middle of the situation, which usually escalates to a battle. Often the children are aware they are supposed to be going with the other parent and are disappointed, and sometimes think, they are being stood-up (creating hostility).

Boy with teddy bear and parents fighting

The parent who does not receive his/her parenting time often has plans that either needs to be changed or cancelled altogether. If they decide to continue with the plans (without their children) than very often every family member comments about the non-complying ex and their evil behaviors. These comments are often heard by the children at future family functions. The children become sad or angry with their family and/or either parent.

Whether the court order was decided either by an agreement of the parties or by a judge, someone decided that the schedule was in the best interest of your children. To simply disrupt the schedule because you decided is not in the best interest of the children.

While we all understand that the holidays are meaningful and important and you want your children with you, it cannot always be that way growing up in separate homes. That is just something you have to accept as a parent and try to consider the other parent and most importantly your children.

Assuming a parent breaches the court order then the party who lost the parenting time may seek a complaint for contempt. In that contempt action the non-complying party may be responsible to 1) provide additional parenting time, 2) loose parenting time at the next scheduled holiday, 3) be responsible for other parent attorney’s fees and costs, 4) loose custody of the children, and/or 5) be sentenced to the house of corrections.

Child Support, Children

New Child Support Guidelines effective Sep 15, 2017

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As required the Child Support Task force has met, established a new child support worksheet and it will be effective September 15, 2017. Every three (3) years the task force meets to determine how the current guidelines are working and what needs to change. Therefore, every four (4) years they issue a new child support guidelines which the courts and attorney must use moving forward.

The calculation formula is similar to those in years past (not the 2013 guidelines) but of course with several tweaks. This is the longest worksheet that I have seen in the past fifteen (15) years. I am working diligently to understand the worksheet, read the guidelines and start drafting samples so I can better assist my client.

Since the guidelines become effective in just under seven (7) weeks now is the time to schedule an appointment to determine how the new child support guidelines will affect you and your children or your support orders.

Children

Children and having their voices heard

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The law is every changing and has been leaning toward giving children of divorced/separated parents more and more rights and more means to have their voices heard.

There are three ways in which your children voices may be heard by a court. They are all permitted in any litigation involving custody or parenting time. This would include cases for custody, paternity, divorces, modification, and in limited circumstances contempt.

  1. Guardian ad Litem, aka GAL. This is a person who has received specialized training and must be recertified every few years. They are often attorneys. However, there are medical professional (often psychologist or psychiatrists or nurses) that may also be GAL’s. The GAL will follow the order by the court as to any limitations, restrictions, broad scopes or number of hours spent on an investigation.

    Generally, the GAL is paid by one or both of the parties involved in the action. The average cost is around $5,000.00. The age of the children can range from a few years until 17. Most reports are going to include interviews with the parties, the child/ren, collaterals (family, neighbors, school personnel, doctors, etc.). The GAL will go to each parent’s house, see how each parent interacts with the child and possibly go to the child’s school. After the GAL completed his or her investigation then a GAL report is created and submitted to the court. The standard for the report is “best interest of the child/ren.” The parties are not permitted to have a copy of the report but can read it with their counsel or at the courthouse in the clerk’s office. Based on if the Judge ordered it or not the report may include recommendations and conclusions.

  2. Attorney Representing Child, a/k/a ARC. This is exactly what is sounds like, your child would get a free ARC counsel has taken a required course and are doing the representation on a pro bono basis.  ARC counsel will only be appointed for children of age 10 or more. ARC counsel does not care about what either parent’s position is other than to ask relevant questions to their client (the child). ARC will meet with their client to determine what their client’s wishes are. The standard for ARC counsel is report to the court their client (child’s) wishes. It is not a best interest standard. ARC counsel participates in all aspects of the pending court action and is permitted to submit exhibits, and witnesses if the matter goes to trial.
  3. Probation Investigation. This is a free service offered by the Court from the probation department (located at the court where you usually have to start your case). The only requirement for a probation investigator is that they work for the probation department. The age of the children can range from a few years until over 18.

    The court will determine what issues will be addressed and reported. The probation officer will talk with the child/ren. They may talk with the parents, or collaterals, but it is determined based on the issues and the court order. The probation officer will likely spend five hours or less. Unless specifically ordered to do so the probation officer will not leave the court and the interviews will be conducted at the court (in person for the parties and child/ren, and by telephone for anyone else). After the probation officer completed his or her investigation then a probation report is created and submitted to the court. The standard for the report is “best interest of the child/ren.” The parties are not permitted to have a copy of the report but can read it with their counsel or at the courthouse in the clerk’s office. Based on if the Judge ordered it or not the report may include recommendations and conclusions.

I would suggest that if you are interested in having your child’s voice heard that you speak with me further regarding which option would be best for your case.

Children, Custody, Interstate-Travel, Removal of Children from State

Removal of children out of state

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This is American and I can choose to live wherever I want to. I do not need the court to tell me where I can go and where I cannot. Refusal t allow me to move is violation of my Fifth and Fourteen amendments to the US Constitution. If I want to leave Massachusetts then I can, right?

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If you have children and the other parent wants to continue to live in Massachusetts and does not want you to take the children to another state permanently then the answer is not a simple one.

We are only minutes from the Connecticut border now so an extra five
minutes drive will not make any difference.

I have heard this statement so many times in my practice and the truth is that it does matter and it does matter a lot.

In most separation agreements (terms of the divorce), there is language that precludes one parent from permanently leaving the Commonwealth of Massachusetts without a court order or obtaining other parents’ permission. Even without that language in the separation agreements, Massachusetts General Laws, c. 208, § 30, states that children “shall not . . . be removed out of this commonwealth without such consent . . . without the consent of both parents, unless the court upon cause shown otherwise orders.”

In other words, both parents must agree or the court must approve the parent to take the children out of the Commonwealth. The reasoning behind this, in part, was to prevent a parent from alienating the other parent or prohibiting the child-parent relationship/bond.

If the other parent does consent then it is best to get it in writing, and whenever possible, to make it a court ordered modification.

There are different standards required by the parent in order to prove that they should be permitted to move out of the Commonwealth with their children. The most well known is based on the “Real Advantage” test as established in Yannas v. Frondistou-Yannas, 395 Mass. 704, 1985. While Yannas is an old case it is still good law and is applied in full, or in part, in removal cases. The real advantage test is a two-prong test and both prongs must be met in order for the court to allow removal.

“If the custodial parent establishes a good, sincere reason for wanting to remove to another jurisdiction, none of the relevant factors becomes controlling in deciding the best interests of the child, but rather they must be considered collectively. Every person, parent and child, has an interest to be considered. The judicial safeguard of those interests lies in careful and clear fact-finding and not in imposing heightened burdens of proof or in inequitably identifying constitutional rights in favor of one person against another.” Yannas 712-713.
When considering moving out of the Commonwealth with your children it is best to consult wt. an attorney months in advance to better understand the law and what a move would legally entail.

The Yannas case pertains when one parent is the custodian. In situation where the parents share custody, then Mason v. Coleman is more applicable. 447 Mass. 177 (2006). “Shared physical custody contemplates that ‘a child shall have periods of residing with and being under the supervision of each parent . . . assur[ing] . . . frequent and continued contact with both parents’.” G. L. c. 208, s. 31. The court must determine what is the child bets interst given all relevant factors.