Category Archives: Custody

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, 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.

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.