Tag Archives: court

Understanding Grandparents’ Rights in Massachusetts: A Comprehensive Guide

Introduction

Understanding grandparents’ rights in the context of family law is crucial. Massachusetts law (MGL Chapter 119 §39D) enables grandparents to secure court-ordered visitation with their grandchildren, given they can show “good cause” or a “compelling reason.” Not only do grandparents provide emotional and financial support, but they also hold legal standing for visitation rights. However, securing these rights requires proving that lack of visitation would adversely affect the child’s well-being, as outlined in the case Blixt v. Blixt 437 Mass. 649 (2002).

In Massachusetts, grandparents can petition for visitation under various conditions:

  • The parents have divorced.
  • The parents are married but living apart with a separation court order.
  • One or both parents are deceased.
  • The parents were never married but live apart, with legal proof identifying the child’s father.

Moreover, the court may grant visitation rights if grandparents can demonstrate:

  • The grandchild’s best interest is at stake.
  • They had a pre-existing meaningful relationship with the grandchild.
  • The absence of visitation would severely harm the grandchild’s health, safety, or welfare.

Legal provisions governing these rights include MGL c. 119, §26B and MGL c. 119, §39D.

Grounds for Petitioning Grandparents’ Rights

Divorce or separation allows grandparents to legally seek reasonable visitation with their grandchildren. When parents are unfit, custody may even pass to the grandparents. In the event of a parent’s death, grandparents also have the right to request visitation. Existing relationships with grandchildren can further bolster a grandparent’s case, as referenced in Frazier v. Frazier, 96 Mass. App. Ct 775 (2019).

Types of Rights Available

Grandparents have options beyond visitation. They can petition for full custody if, for instance, the child’s parents are deceased. If planning to care for a grandchild long-term, legal guardianship becomes an option.

Filing a petition for grandparents’ rights initiates the legal process. Once you file, a sheriff or constable serves the parents with a summons and a copy of the petition. The court then schedules a case management conference and notifies all parties. The judge’s decision will hinge on the evidence presented.

Potential Challenges and How to Overcome Them

Securing visitation rights is not without challenges. Parents generally hold the primary right to decide who visits their child. However, if visitation serves the child’s best interest and refusal would cause harm, the court can intervene. So, understand the legal grounds on which a court may deny visitation and plan accordingly.

Conclusion

Grandparents must be well-informed of their legal rights and potential challenges when seeking visitation. Legal assistance can guide you through the complexities of the system. At Reeves Lavallee, P.C., we specialize in advocating for grandparents and offer expert, compassionate legal services.

Call to Action

If you’re considering pursuing grandparents’ rights, consulting an experienced family law attorney is essential. Contact Reeves Lavallee, P.C. today for a free 30-minute consultation with one of our specialized family law attorneys.


#GrandparentsRights #FamilyLaw #MassachusettsLaw #VisitationRights #ChildCustody

What Can Teens Do When They Feel Unsafe in Their Home

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 need legal advice or assistance, Reeves Lavallee PC in Worcester, MA, is ready to help. You can contact us at 508-425-6945. We’re here to provide the support and guidance you need during this challenging time.

How to Prepare for a Child Support Hearing in Massachusetts

I. Introduction

When it comes to legal proceedings, preparation is the key to success. This is particularly true for a child support hearing in Massachusetts. This blog post will serve as your comprehensive guide, providing you with essential steps in preparing for your child support hearing.

Understanding the ins and outs of a child support hearing can be overwhelming. However, arming yourself with the right information can make the process less intimidating. Whether you are the one seeking child support or the one expected to provide it, knowing what to expect and how to prepare can significantly influence the outcome.

II. Understanding Child Support Laws in Massachusetts

Massachusetts child support laws are designed with the child’s best interests in mind. They ensure that all children receive the financial support they need from both parents. Understanding these laws is the first step in preparing for your child support hearing.

The laws take into account several factors including:

  • The income of both parents
  • The number of children involved
  • The living arrangements of the children

Knowing these factors will help you understand how child support amounts are determined in Massachusetts. This knowledge can provide you with a solid basis for your case.

However, it’s important to remember that child support laws can change. What was accurate a few years ago may not be the case today. Staying updated on these laws is crucial. 

III. The Role of Reeves Lavallee PC in Child Support Cases

Reeves Lavallee PC is a reputable law firm based in Worcester, Massachusetts, with a wealth of experience in handling child support cases. Our team of dedicated legal professionals understands the intricacies of Massachusetts child support laws and is committed to guiding you through every step of the process.

Our role in preparing clients for child support hearings is multifaceted. Firstly, we provide a thorough understanding of the child support laws applicable to your case. This includes explaining how child support amounts are calculated and what factors the court will consider during the hearing.

Secondly, we assist in gathering and organizing all necessary documents for your hearing. This includes income statements, custody agreements, and any other documents that could influence the outcome of your case.

Lastly, we offer guidance on how to present your case effectively during the hearing. From advising on how to interact with the judge and other parties, to helping you prepare your testimony, we are with you every step of the way.

IV. Steps to Prepare for a Child Support Hearing in Massachusetts

Preparing for a child support hearing involves several key steps. Here’s a detailed look at what you need to do:

  • Gathering Necessary Documents: The first step in preparing for your hearing is to gather all relevant documents. This includes your income statements, tax returns, childcare expenses, and any other financial documents that can demonstrate your financial situation. 
  • Understanding Child Support Calculation: In Massachusetts, child support is calculated based on the income of both parents, the number of children involved, and the cost of living. Understanding this calculation can help you anticipate what to expect at the hearing.
  • Preparing Your Testimony: Your testimony is a crucial part of the hearing. It’s important to prepare what you will say in advance. Focus on the facts and be prepared to explain your financial situation clearly and honestly.
  • Knowing What to Expect During the Hearing: Familiarize yourself with the hearing process. This includes understanding the format of the hearing, knowing who will be present, and being aware of the types of questions you might be asked.

Remember, preparation is key to a successful child support hearing. The more prepared you are, the more confident you’ll feel when presenting your case. 

V. Tips for the Day of the Hearing

The day of your child support hearing can be stressful, but these tips can help you navigate it with confidence:

  • Arrive Early: Plan to arrive at the courthouse at least 30 minutes early. This gives you time to find the correct courtroom, gather your thoughts, and prepare for the hearing.
  • Dress and Present Yourself Appropriately: Dressing professionally for the court is crucial as it shows respect for the court and can help create a positive impression. Opt for business or business-casual attire. Additionally, ensure you are well-groomed and clean for your court appearance. However, it’s advisable to avoid wearing strong perfumes or scents as some people can be sensitive to them. The way you present yourself can significantly impact the judge’s perception of you.
  • Interact Respectfully: Treat everyone in the courtroom with respect, including the judge, the opposing party, and court staff. Remember, the way you conduct yourself can impact the judge’s perception of you.
  • Present Your Case Effectively: Stick to the facts when presenting your case. Be honest, concise, and clear in your responses. Remember, the judge is there to make a decision in the best interest of the child.

VI. How Reeves Lavallee PC Can Help

Navigating a child support hearing can be complex and emotionally draining. But with Reeves Lavallee PC, you don’t have to face it alone. Our experienced team is here to guide you every step of the way.

Our firm provides comprehensive legal support throughout your child support case. We assist with understanding the intricacies of Massachusetts child support laws, gathering and organizing necessary documents, and preparing your testimony. 

We also offer guidance on courtroom etiquette, ensuring you know how to present yourself and interact with all parties involved. Our team is committed to making the process as smooth as possible for you, providing you with the confidence and knowledge you need to handle your hearing effectively.

In addition to preparing you for your hearing, Reeves Lavallee PC also offers post-hearing support. This includes helping you understand the final order and advising on any necessary steps moving forward.

At Reeves Lavallee PC, we understand that every case is unique. We tailor our services to meet your specific needs, ensuring you are well-equipped for your child support hearing in Massachusetts. 

VII. Conclusion

Preparing for a child support hearing in Massachusetts can be a complex process, but with the right preparation and guidance, you can navigate it successfully. Understanding Massachusetts child support laws, gathering necessary documents, preparing your testimony, and knowing what to expect during the hearing are all crucial steps in this process.

At Reeves Lavallee PC, we are committed to providing you with the support and guidance you need to prepare for your child support hearing. Our team of experienced legal professionals is here to help you every step of the way, ensuring you feel confident and well-prepared on the day of your hearing.

Remember, the outcome of your hearing can significantly impact your life and the life of your child. Therefore, it’s crucial to take the necessary steps to prepare adequately. We encourage you to reach out to Reeves Lavallee PC for further assistance in preparing for your child support hearing in Massachusetts.

The Evolution of Wills: Tracing its Journey from Ancient Civilizations to the Modern Era

The age-old tradition of bequeathing personal possessions to one’s descendants has its roots embedded deep within history. Ancient Egypt, for instance, had established codified laws surrounding inheritance as early as 2500 BCE. The concept matured as civilizations evolved, leading to the birth of what we recognize today in Western society as the “Last Will and Testament.” This evolution can be attributed to the innovative thinking of Solon, an influential Athenian statesman from around 630 – 560 BCE. Beyond his significant contributions to the birth of Greek democracy, Solon also redefined inheritance laws. In his era, Wills primarily catered to the elite Greco-Roman men who didn’t have natural heirs, offering them a structured method to distribute their vast wealth and properties.

Medieval Interpretations: The Evolution of Terminology and Practice

The middle ages in Europe witnessed a nuanced understanding of Wills and Testaments. The term “Will” evolved to specifically denote legal documents facilitating the transfer of real estate, while “Testament” became associated with the passing of personal items. This distinction played a pivotal role in how assets were viewed and transferred. In today’s Massachusetts, these medieval concepts have undergone further refinement. Presently, any individual, as long as they’re above 18 years and mentally sound, can draft their Last Will and Testament. The procedure mandates the presence of two impartial observers during the signing, ensuring that these witnesses have no personal gain from the document.

Modern-Day Mandates: The Essential Components of a Will

The contemporary legal landscape in Massachusetts doesn’t impose constraints on the length of a will. However, it places immense emphasis on clarity and precision. For a will to function smoothly and avoid potential legal disputes, it should lucidly detail the intended beneficiaries. Ambiguities could lead the Probate Court to intervene, potentially complicating the estate’s distribution process.

Extreme Examples: The Shortest and the Lengthiest Wills

Wills, over time, have varied immensely in length and detail. On one end of the spectrum, we have the succinct will of Karl Tausch from 1967. With just the words “Vse zene” (translating to “All to wife” in Czech), this is the briefest uncontested Last Will in recorded history. On the opposite end, we find Frederica Evelyn Stilwell Cook’s exhaustive will from 1919. This comprehensive document stretched over 1,066 pages, meticulously detailing her assets across four opulent leather-bound, gold-leaf embossed books.

Historical Gems: Wills that Made Headlines

The annals of history have recorded some truly captivating wills. Take, for instance, William Shakespeare’s will. While it might seem unusual, he bequeathed his “second-best bed” to his wife, Anne. This gesture gains significance when one realizes that during his time, the marital bed was often termed as the “second-best,” with the finest bed reserved for guests. Another monumental will is that of Alfred Nobel. His Last Will laid the foundation for what the world now celebrates as the Nobel Prizes.

Your Legacy Deserves the Best: Let’s Craft It Together

Your legacy is a reflection of your life’s journey, and its preservation is paramount. Don’t leave it to chance. At Reeves Lavallee PC, we understand the nuances of crafting a testament that mirrors your wishes perfectly. Whether you have an expansive estate or a modest asset base, your Last Will deserves the touch of experts. Contact us today and let’s ensure your legacy is passed on just as you envision. Your future generations are counting on it, and we’re here to assist every step of the way.

#LastWillEvolution, #LegacyPreservation, #HistoricalWills, #ModernLegalPractices, #WillsAndTestaments, #AncientToModern, #EstatePlanning

A Global Perspective on International Divorce: A Comprehensive Survey

A Global Perspective on International Divorce: A Comprehensive Survey

Introduction

When facing international divorce, it’s crucial to understand the various divorce laws around the world. The rules and regulations differ significantly across countries, often posing intricate challenges. This article offers an in-depth look at the diverse legal landscapes, highlighting key differences, and providing real-world examples.

Keyphrase: International Divorce

Understanding Divorce Laws in the United States

In the United States, each state follows its unique legal system, causing the divorce laws to fluctuate across the country. Taking Massachusetts as an example, where Reeves Lavallee PC operates, “no-fault” laws primarily govern divorce. In a “no-fault” divorce, couples can dissolve their marriage without proving specific grounds such as adultery, abandonment, or abuse. This type of divorce aims to streamline the process, with primary concerns revolving around property division, child custody, alimony, and child support.

International Divorce in Europe: Contrasting UK and Italy

Europe showcases a considerable divergence in divorce laws among its member countries. Here, we spotlight the United Kingdom and Italy as two contrasting examples.

Navigating Divorce in the United Kingdom

In the UK, couples can petition for divorce based on either “fault” or “no-fault” grounds. The Divorce, Dissolution, and Separation Act introduced in 2020 allows couples to file a “no-fault” divorce, ending their marriage without blaming each other. Provided the couple has been married for over 12 months, they can proceed with a no-fault divorce, even if both parties don’t mutually agree. This approach intends to minimize conflict and encourages a more constructive route to divorce.

Understanding Divorce in Italy

In Italy, divorce became legal only in 1970 and was initially a complicated process. Over time, significant reforms have simplified the procedure, offering both “no-fault” and “fault-based” divorces. In a “no-fault” divorce, couples can split after a legal separation period. However, for a “fault-based” divorce, couples need to prove specific grounds like adultery or abandonment. These diverse options enable couples to choose an approach that best fits their circumstances.

International Divorce in Asia: Factoring in Culture and Law in India and Japan

In Asia, cultural and religious aspects greatly shape the divorce laws. To illustrate this, let’s discuss the divorce regulations in India and Japan.

Exploring Divorce in India

In India, divorce laws are based on the religious affiliation of the couple. For instance, Hindu couples can end their marriage under the Hindu Marriage Act of 1955, citing reasons such as cruelty, adultery, or desertion. Conversely, Muslim couples follow the Muslim Personal Law, offering various grounds for divorce like mutual consent, cruelty, or adultery. This diverse legal framework highlights India’s cultural diversity and its respect for religious practices.

Decoding Divorce in Japan

Japan offers a distinctive divorce approach termed “kyogi rikon,” which is a divorce by mutual agreement. Under this arrangement, couples need to mutually agree on the divorce and register this agreement with a local government office. The simplicity and effectiveness of this process contribute to Japan’s relatively high divorce rates, underlining the profound influence of cultural and legal factors on divorce practices.

Divorce in China: Balancing Tradition and Modernity

In China, the divorce process intertwines traditional values and modern legal principles. Here’s a glimpse into the Chinese approach to divorce.

Over the years, divorce laws in China have undergone significant transformations, reflecting societal changes. China introduced the Marriage Law in 1950, legalizing divorce. This law aimed to protect women’s rights and promote gender equality, marking a significant shift from traditional values that discouraged divorce.

Under the current law, couples can file for divorce based on mutual consent or dispute. In a mutual consent divorce, both parties agree on major issues like property division and child custody, and the process is generally straightforward. However, a disputed divorce, where parties cannot agree on these matters, often results in a court hearing.

Recently, China introduced a controversial “cooling-off” period for divorce. Under the Civil Code implemented in 2021, couples filing for divorce must undergo a 30-day period to reconsider their decision before the divorce is granted. This measure, aimed at decreasing the divorce rate, has been a subject of intense debate, highlighting the ongoing tension between tradition and modernity in China’s approach to divorce.

Understanding these aspects is important when considering divorce proceedings in China, as it’s a unique blend of traditional values, societal change, and evolving legal landscape.

Conclusion

International divorce presents an intricate legal maze with stark variations across countries. A solid understanding of these differences is essential for individuals navigating the international divorce process. In this exploration, we’ve offered a snapshot of the varied approaches adopted by the United States, Europe, and Asia. From the emphasis on “no-fault” divorces in Massachusetts to the preference for amicable divorces in the United Kingdom and the strong influence of cultural and religious factors in India and Japan, understanding the local laws and customs of international divorce is critical.

How We Can Help

At Reeves Lavallee PC, we understand that every divorce case is unique, especially those that cross international borders. With our comprehensive knowledge of divorce laws in Massachusetts and internationally, we are perfectly equipped to guide you through the complex landscape of international divorce.

Whether you’re at the start of your journey, in the midst of proceedings, or seeking advice post-divorce, we’re here to help. We believe in providing personalized support tailored to your circumstances, ensuring you feel informed and confident every step of the way.

We invite you to reach out to us. No matter what questions you may have or what stage of the process you’re at, we’re ready to lend a compassionate ear and a knowledgeable hand. Remember, in the challenging journey of international divorce, you don’t have to walk alone. Contact us today – we’re here to help navigate the path ahead with you.

#InternationalDivorce, #DivorceLaws, #Massachusetts, #UnitedStates, #Europe, #UnitedKingdom, #Italy, #Asia, #India, #Japan, #China, #LegalAdvice, #ReevesLavalleePC

Guide to the Law in Massachusetts

Hello, legal eagles and curious minds alike! Welcome to a comprehensive, in-depth guide to the fascinating world of Massachusetts law. As a practicing lawyer in the heart of the ‘Bay State,’ I’m excited to guide you through the twists and turns of our legal landscape. Get ready to unlock the intricacies of this historic state’s law – right from its foundation to recent landmark cases.

When we dive into the depths of Massachusetts law, we’re immersing ourselves in a rich blend of traditional common law, inherited from our British legal ancestors, and a host of state-specific laws, honed and tailored over centuries. This all begins with the Massachusetts Constitution, the cornerstone of our legal system. A point of pride for us is that our constitution is the oldest functioning written constitution in the world, going strong since 1780. Read about its history here.

In the bustling legal hub of Massachusetts, our state laws often chart their own course, distinct from Federal law. We’ve formulated our unique set of civil rights laws, consumer protection regulations, and distinctive criminal statutes. More often than not, these laws offer broader protections and specify more detailed stipulations than Federal law. For instance, let’s consider Chapter 93A – our very own Massachusetts Consumer Protection Act. This law serves as a sentinel against unfair and deceptive business practices, often going above and beyond federal laws in its protective reach. Take a look at this landmark case, as an example.

The Judiciary – The Guardian of Massachusetts Law

At the heart of our legal framework is a robust, efficient, and multi-tiered judiciary. This system serves as the engine, driving justice throughout the state. It consists of a range of courts, each with its unique function and jurisdiction.

The Supreme Judicial Court (SJC)

Sitting at the pinnacle of our judiciary is the Supreme Judicial Court. As the highest appellate court, it mainly deals with decisions regarding questions of law that originate from lower courts. The SJC plays a pivotal role in interpreting the state constitution and passing judgments that often shape the legal precedents of the state. Here’s an example of a case they’ve ruled on recently.

The Massachusetts Appeals Court

One step down, we have the Massachusetts Appeals Court. This court primarily handles appeals from the Trial Court departments. However, it’s not the end of the road – decisions from this court can be further reviewed by the SJC. 

Trial Courts

Our legal system’s backbone comprises the lower courts or Trial Courts, which include the Superior Court, District Court, and various other specialized courts. Each has its distinct functions and jurisdictions.

  • Superior Court: As the court of general jurisdiction, Superior Court hears both civil and criminal cases. It covers serious criminal matters, civil actions over $25,000, and cases involving equity matters.
  • District Court: This court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. Civil cases are typically valued under $25,000, but this court also handles small claims cases up to $7,000.
  • Specialized Courts: These include various courts like the Land Court, Housing Court, Probate and Family Court, and Juvenile Court, each dealing with specific types of cases.

By understanding the function of each court, we can appreciate how they work together to uphold justice and interpret the laws in Massachusetts.

This was just a brief introduction to the multifaceted world of Massachusetts law. Remember, knowledge of the law is the first step towards responsible citizenship. Stay tuned as we delve deeper into different aspects of our legal system in future posts. I promise you; it’s going to be a fascinating journey!

Entertaining Family Law Cases in Massachusetts: A Historical Overview

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!

Sample Separation Agreement

Please note that this is a general sample, not a legally binding document. It is strongly recommended that you consult with an attorney or a legal professional to ensure your rights and interests are protected.


SEPARATION AGREEMENT

THIS AGREEMENT is made this _ day of ________, 20_____, by and between _______ (hereinafter “Husband”) and ____________ (hereinafter “Wife”).

WHEREAS, the parties were married on , in ___, Massachusetts, and since that time have been living together as husband and wife;

AND WHEREAS, the parties have found it impossible to continue living together and have separated;

AND WHEREAS, the parties wish to live separately and apart from each other and intend to dissolve their marriage;

AND WHEREAS, the parties wish to settle all of their rights, responsibilities, and obligations arising from their marital relationship, including but not limited to, matters relating to property division, alimony, child custody, child support, and visitation.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. CHILDREN

The parties have _ children born of this marriage: ___. The parties agree that the Wife shall have primary physical custody and the parties shall share joint legal custody. The Husband shall have visitation rights as detailed in the attached Parenting Plan.

2. ALIMONY

The Husband/Wife agrees to pay alimony to the Wife/Husband in the amount of $_______ per month, beginning ______ and ending ______. This alimony shall be reviewable under the laws of Massachusetts upon a change in either party’s financial circumstances.

3. DIVISION OF PROPERTY

The marital home located at ________________ shall be sold and the net proceeds shall be divided equally between the parties. All personal property has been divided to the mutual satisfaction of the parties, as listed in Exhibit A attached hereto.

4. DIVISION OF DEBT

The parties agree to equally divide all marital debt. Each party will be responsible for the debt as outlined in Exhibit B attached hereto.

5. TAXES

For the current tax year, the parties will file jointly. All future tax liabilities or refunds will be divided equally between the parties.

6. DISPUTE RESOLUTION

Any disputes arising out of this agreement will be mediated prior to any court action. The mediator will be agreed upon by both parties.

7. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, and understandings of every kind and nature between them.

8. GOVERNING LAW
This Agreement will be governed by and construed under the laws of the state of Massachusetts.

IN WITNESS WHEREOF, the parties have executed this Separation Agreement as of the date first above written.

__________ __________
Husband’s Name Wife’s Name


This is a very simplified version of a separation agreement and there may be many other factors to consider. Please use this as a starting point and consult with a legal professional.

At Reeves Lavallee, PC, we understand that considering separation is a challenging and often distressing process. Our firm is committed to providing compassionate and comprehensive legal support to guide you through every step of the process. If you or someone you know is contemplating separation, we invite you to reach out to our team of experienced attorneys. We’re here to help you navigate the complexities of separation agreements, and to protect your interests and those of your loved ones. Don’t navigate this journey alone – contact Reeves Lavallee, PC today for a consultation, and let us assist you in making informed decisions that can secure your future.

Navigating Child Custody Modifications in Massachusetts Courts


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.

Comprehensive Guide to Child Custody and Visitation Rights in Massachusetts


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.

An Overview of the Massachusetts Lemon Law

Do you live in Massachusetts and own a car? Then the Massachusetts Lemon Law is your friend. This law helps buyers of defective cars, both new and used. It’s like a shield against “lemons,” or cars that don’t work as they should. Let’s look into this law more closely.

The Basics of the Lemon Law

The Lemon Law in Massachusetts is simple. It says that if you buy a car with a big problem that makes it unsafe, hard to use, or worth less money, you could get help. This big problem, or defect, must still be there even after a few tries to fix it. If all this is true, you could get a refund or a new car.

Real-Life Cases

Here’s an example: Mr. Smith buys a new car in Boston. Soon, he notices that the brakes don’t work right. The dealer tries to fix them three times, but the brakes still aren’t safe. Mr. Smith could use the Lemon Law to get help.

In another case, Ms. Johnson buys a used car. The dealer doesn’t tell her that the car was in a bad accident before. When she finds out, she could use the Lemon Law. The dealer should have told her about the accident, and since they didn’t, she can take action.

How to Use the Lemon Law

Here’s how you use the Lemon Law. First, you write a letter to the car’s maker or the dealer. You tell them what’s wrong and what you want them to do about it. They get 30 days to answer you. If they don’t help you, you can sue them.

If you win in court, you could get a refund or a new car. You might also get money for lawyer fees and court costs. The law wants to avoid court if possible. So, if the carmaker or dealer doesn’t make a fair offer after your letter, you could get even more money if you win.

The Challenges of the Lemon Law

The Lemon Law is a big help, but it’s not perfect. Sometimes it’s hard to tell when enough repair tries are “enough.” What counts as a “big problem” can also be hard to figure out. Even with these issues, the Lemon Law can still protect you if you buy a car with hidden problems.

Conclusion

The Massachusetts Lemon Law can be your lifesaver when dealing with faulty cars. It’s your ticket to fair treatment and honesty in the car buying process. And remember, if you’re dealing with a lemon, you’re not alone. We’re here to help you navigate the Lemon Law. Don’t hesitate to contact us.

Achieving Successful Mediation: Overcoming Challenges for Effective Dispute Resolution

Introduction

Undeniably, mediation has become a go-to method to resolve a wide array of disputes – from family feuds to complex business conflicts – in Massachusetts. This guide delves into the significance, hurdles, process, and outcomes of mediation.

The Advantages of Mediation

  • Affordability: Compared to litigation, mediation is a financial relief. It circumvents hefty legal charges and court fees.
  • Swift Resolution: A successful mediation often brings faster results. Instead of years, it usually takes days or weeks.
  • Privacy: Mediation offers a confidential platform where parties can express their concerns without public scrutiny.
  • Customizability: Unlike court rulings, mediation allows for creative, tailored solutions to meet unique needs.
  • Relationship Preservation: Through open dialogue and collaboration, mediation promotes understanding, thus preserving relationships in personal or business settings.

Potential Obstacles in Mediation

  • Balancing Power: A competent mediator ensures an even playing field, giving all parties an equal say in the process.
  • Emotional Hurdles: Mediators help manage potent emotions, enabling constructive conversation and aiding parties in reaching an agreement.
  • Trust Deficiency: Building trust between parties forms a crucial part of a mediator’s job, paving the way for successful mediation.
  • Dispute Complexity: Highly intricate or specialized disputes might need extra time and expertise, making mediation a less suitable option.
Successful Mediation

Journey Through the Mediation Process

  • Starting Point: The mediator sets ground rules and lays out the process for the parties.
  • Gathering Information: Parties bring forward their viewpoints and share pertinent information.
  • Issue Identification: The mediator aids parties in identifying central issues for resolution.
  • Brainstorming Solutions: Guided discussions lead to the generation of potential solutions.
  • Agreement Formation: The mediator supports parties in crafting a mutually acceptable resolution.
  • Documentation: The mediator prepares a written agreement encapsulating the resolution terms.

The Time Investment

The duration of successful mediation hinges on the complexity of the dispute and the parties’ willingness to engage. Simple disputes might wrap up in a single session, whereas complex cases could span multiple sessions over weeks or months.

The Possible Outcomes

The fruit of successful mediation is a mutually satisfying agreement that caters to both parties’ needs and interests. If consensus isn’t achieved, parties can explore other paths, such as litigation.

Wrapping Up

Mediation in Massachusetts offers a robust, efficient, and cooperative means to settle disputes. Our team of seasoned mediators stands ready to assist you in leveraging this cost-effective solution to attain a positive resolution. Don’t hesitate to get in touch for more details or to arrange a consultation. Experience the power of mediation and let us guide you to the resolution you’re seeking. Reach out today!

The Challenges of Getting a Divorce in Massachusetts

Divorce significantly impacts couples, offering relief for some but creating emotional, financial, and logistical challenges for others. Massachusetts, like other states, has unique divorce laws that can create obstacles for those ending their marriage. We examine the hurdles couples face while navigating the Massachusetts divorce process, including legal requirements, financial complications, and the emotional impact.

Understanding and fulfilling legal requirements is the first challenge in getting a Massachusetts divorce. One party must have lived in the state for at least six months to file for divorce, unless the cause of divorce occurred within the state. Massachusetts recognizes both no-fault and fault-based divorces, with the former being more common. No-fault divorces do not require proving either spouse’s responsibility for the marriage’s failure. Fault-based divorces, however, require proof of one party’s misconduct.

Massachusetts divorces can be contested or uncontested. Uncontested divorces, where both parties agree on the terms, are generally less complicated and are completed relatively quickly. Contested divorces involve disputes over one or more areas: property division, child custody, alimony, and other issues. These cases may require a trial and can take months or years to resolve.

Financial Challenges

The financial aspects of divorce are often complex and stressful. Massachusetts follows an equitable distribution approach, meaning that marital assets are divided fairly, but not necessarily equally. Factors such as marriage length, each spouse’s contribution to marital assets, and individual economic circumstances influence property division. This process becomes particularly challenging for couples with substantial assets, businesses, or real estate holdings.

Alimony, or spousal support, is another financial challenge. Massachusetts courts may order one spouse to pay the other alimony, depending on factors such as marriage length, the income and needs of each spouse, and the age and health of both parties. Negotiating alimony can be contentious, and disputes may arise over the amount and duration of support.

Child Custody and Support

For couples with children, divorce challenges include determining custody and child support arrangements. Massachusetts courts prioritize the child’s best interests when making custody decisions, which can lead to emotional disagreements between parents. Parents must also establish a parenting plan, outlining their respective roles and responsibilities. Negotiations become more complex if one parent wishes to move out of state, as Massachusetts has strict laws regarding children’s removal or relocation after divorce.

Child support is another concern, with the state providing guidelines for calculating the appropriate amount based on both parent’s income and the child’s needs. Disputes may arise over the accuracy of the information provided, such as income and expenses, leading to potential legal battles.

Emotional Impact

The emotional toll of divorce is significant. Couples often experience guilt, anger, sadness, and grief as they navigate the complex legal and financial processes. Emotions can heighten when children are involved, as parents may struggle to maintain stability for their family while coping with their own emotions.

Conclusion

In conclusion, obtaining a divorce in Massachusetts presents numerous challenges for individuals seeking to dissolve their marriage. From meeting residency requirements to navigating property division, child custody and support, and alimony, couples face many legal and emotional obstacles. Additionally, the emotional toll of divorce can be overwhelming for everyone involved, including children. Individuals considering a Massachusetts divorce must be aware of these challenges and seek professional guidance, such as legal counsel and mental health support, to help navigate the process and ensure the best possible outcome for all involved. The attorneys at Reeves Lavallee, PC are here to help sort through all these issues.


As you navigate the complexities of divorce in Massachusetts, remember that you don’t have to face these challenges alone. Our team of compassionate and experienced professionals is here to help guide you through the legal, financial, and emotional aspects of the process, ensuring you feel supported and informed every step of the way. We understand the unique hurdles that come with ending a marriage in Massachusetts and are dedicated to providing the tailored assistance you need to successfully overcome them. Don’t let the stress and uncertainty of divorce overwhelm you—reach out to us today for a consultation, and let us help you secure the best possible outcome for you and your family. Together, we can turn this daunting process into a new beginning.

What are the different types of Divorce in Massachusetts?

Divorce is tough and life-changing. In Massachusetts, divorce laws can be complex. This blog post will explain the divorce types in Massachusetts, their requirements, and examples. We will also discuss the importance of hiring an attorney and related costs.

Divorce Types in Massachusetts

There are two main divorce types in Massachusetts: uncontested and contested.

1. Uncontested Divorce (1A divorce)

An uncontested divorce is when both parties agree on all issues. It’s faster, cheaper, and less emotionally draining.

Requirements:

  • Both parties must have lived in Massachusetts for at least six months.
  • Both parties must agree on all divorce-related issues.
  • Both parties must complete, sign, and file a Joint Petition for Divorce.
  • Both parties must complete, sign, and file an affidavit of irretrievable breakdown.
  • Both parties must file a separation agreement, outlining the divorce terms.

Example: A couple agrees to divorce and amicably settles all aspects. They can pursue an uncontested divorce.

2. Contested Divorce (1B divorce)

Contested divorce occurs when parties cannot agree on one or more issues. It involves more litigation, time, and expenses.

Requirements:

  • At least one party must have lived in Massachusetts for at least six months and they must have last lived together in Massachusetts.
  • One party must file a Complaint for Divorce, citing the grounds for divorce.
  • The other party must be served with the complaint and given a chance to respond.

Example: A couple cannot agree on important matters like property or child custody. Their divorce is contested.

Hiring an experienced Reeves Lavallee, PC attorney is crucial. Here’s why:

  • Expertise: An attorney knows Massachusetts divorce laws and protects your rights.
  • Negotiation: A skilled attorney can help you negotiate better terms.
  • Avoiding Errors: An attorney prevents paperwork mistakes and misunderstandings.
  • Court Representation: An attorney represents you in court if needed.

Attorney costs depend on your case’s complexity, the attorney’s experience, and your location. Uncontested divorces are cheaper because they involve fewer billable hours. Contested divorces are costlier due to more time spent on negotiation and litigation.

Remember, legal representation can be expensive, but not having an attorney may cost you more later, especially in complex cases.

In conclusion, understanding Massachusetts divorce types, requirements, and examples helps you make informed decisions. It is essential to have an attorney to guide and protect you through the process. Navigating the complexities of a divorce in Massachusetts can be overwhelming. Do not face this challenging process alone. Reach out to our team of experienced attorneys who are dedicated to providing personalized guidance and support every step of the way. We’ll work tirelessly to ensure your rights and interests are protected, giving you peace of mind during this difficult time. Contact us today for a consultation, and let us help you start the next chapter of your life with confidence and security.

Worcester Judges

As Judge Gregory Roach retires, I find myself contemplating his successful career in Worcester. Here are some of my reflections:

Though I’ve never held a judgeship, I can imagine that the job is incredibly challenging. Judges must dissect mountains of testimonies and discern the core facts of the case. As attorneys, we bear the responsibility of persuading the judge that our version of the story is accurate, hoping for a decision in our client’s favor.

Frustration arises when a judge lacks understanding of the law, or the requisite level of proof, or fails to recognize the shift in the burden of proof to the other party. In such situations, we, as attorneys, must step up to educate the court. Judge Roach consistently demonstrated his knowledge of the law, something I appreciated every time I appeared in his court.

In my eyes, an ideal judge possesses a deep understanding of the law, stays updated with all relevant case law, and aptly applies the law without any additional effort on my part. I should concentrate on facts and how they align with the law, thereby justifying why the court should rule in my client’s favor.

It benefits greatly when a judge actively listens to the facts, and when fitting, provides feedback on potential rulings based on the presented facts. This feedback is particularly beneficial in Family and Probate Court and Housing Court cases. Sometimes, a nudge from the judge is all it takes for parties to settle a matter.

Ultimately, a judge must stay neutral throughout proceedings. Favoritism should never influence their decisions. Relying on the case facts and law is crucial as each verdict impacts individuals and families significantly.

Adoption

 

adoptive-family-transracial

As is in all child custody cases, including adoption, the standard is what is in the best interest of the child. Even when a parent has had little to no interaction or bonding with a child, either by choice, alienation or circumstances, it may not be beneficial for the child to have that relationship permanently severed by way of an adoption. The Court must determine not only what is in the child’s best interest currently but also how that determination impacts the child in a few years, and ultimately for the rest of his/her life.

Once an adoption is granted the child no longer has any rights to any benefits that the biological parent may have to offer, such as child support pursuant to G.L. c. 208, § 28, health insurance coverage, social security benefits in the event of the biological parent’s disability or death. 42 U.S.C. § 402(d) (2010). It would also disqualify the child from inheritance from the biological parent and the biological parent’s family under the laws of intestacy. G.L. c. 210, § 7.

Depending on the adoptive parent’s ability to financially care for the child, the termination of the biological parent’s rights would severe any child support obligation. Therefore, the Court must consider whether the adoptive parents will, may become or are a public charge. Even if the biological parent’s income is minimal the Court will order that parent to pay child support to assist in the well being and care for that child.

The Court must also consider the parent-child relationship and how if severed, through an adoption, would affect the child, now and ultimately forever.

“In the negotiation of their disengagement, divorcing parents may not bargain away the best interests of their children in general, and the children’s right to support, financial or otherwise, from either one of them in particular.” Adoption of Marino, 77 Mass. App. Ct. 656 (2010). See Knox v. Remick, 371 Mass. 433, 437, 358 N.E.2d 432 (1976); Wilcox v. Trautz, 427 Mass. 326, 334-335 n. 7, 693 N.E.2d 141 (1998); White v. Laingor, 434 Mass. at 66, 746 N.E.2d 150; Quinn v. Quinn, 49 Mass.App.Ct. 144, 146, 727 N.E.2d 92 (2000).

However, each case is unique and the circumstances in each case must be looked at to determine if adoption is a viable option.