February 2014

Actor Jason Patric battles for father’s rights

Massachusetts readers may be interested in actor Jason Patric’s battle for the right to be a constant presence in the life of his 4-year-old son. In a custody fight turned ugly, Patric says he doesn’t want to be just a sperm donor. He wants full father’s rights as a co-parent and is willing to go to court to make it happen. According to Patric, he and his ex-girlfriend tried to conceive for several years to no avail. They then opted for in vitro fertilization. Their son, Gus, was the result. Patric asserts he was not merely a sperm donor. He says he is being denied access to his son because he is no longer in a relationship with the child’s mother. His ex-girlfriend denies that is the motivation. She says Patric offered to be a sperm donor and agreed to relinquish his rights as a father. Shortly after the two split, Patric reportedly began losing access to his son. In response, he filed a paternity case seeking custody of the boy, who was 2 years old at the time. Just under a year later, the court ruled that Patric was, in fact, not the natural father due to the in vitro fertilization process used to facilitate the pregnancy. Patric has since appealed the ruling and is awaiting a hearing scheduled for early spring. Patric says he once had a loving relationship with his child and that he wants to regain that closeness. If successful, his appeal could have a positive

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Divorce tips for same-sex Massachusetts couples with kids

For same-sex couples who are contemplating a break-up, there are often multiple issues with which they must deal. If children are a part of the equation, the situation can become even more complex. Below are tips to make divorce a little easier for these couples in Massachusetts. Get familiar with the laws concerning custody and support. Since Massachusetts recognizes same-sex marriage, some of the issues that come up in other states won’t apply. It is important, however, to know one’s rights and how the law addresses individual scenarios. Find a lawyer that meets your needs. When a same-sex couple with children divorce, it can be helpful for them to consult with an attorney who specializes in family law, especially as it applies to same-sex couples. An experienced attorney can be an invaluable resource in what could be a trying time. Now is the time to review any existing agreements or documents pertaining to the relationship. If a prenuptial agreement was signed, did it take children into account? Are there documents outlining estate-planning that should be considered? Occasionally, some of the issues that come up during the filing period have already been settled. It’s a good idea to check early on in the process. Continue to keep the same routine, even if one partner is pushing to make drastic changes. Routine and past history are taken into account by the court when deciding things like child custody. Changing the day-to-day routine and then later asking for it to return to what

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Major victory achieved for same-sex couples rights

Recent current events are exemplified in the Bob Dylan song, The Times They Are a-Changin’. Gay couples in Massachusetts and the rest of the nation just achieved a major victory on a federal level. Officials with the attorney general’s office announced a change to same-sex couples rights that will affect many areas of their lives. The Justice Department is expected to issue a memo that substantially expands the rights of people in same-sex marriages — increasing their recognition on a national level. The change will apply even in states that do not recognize same-sex marriage. It is only valid, however, when federal matters like bankruptcy and prison visits are concerned. For example, if two women got married in Massachusetts and then moved to Indiana, they can now file federal bankruptcy together. This is true even though they are in a state that does not recognize their marriage as legally binding. They will now be treated with the same consideration given to a more traditional couple. Several other areas are affected. Under the new policy, people with same-sex spouses who are incarcerated in a federal facility will be granted the same visitation as is afforded heterosexual couples. In both civil and criminal federal matters, spouses will be given equal rights regardless of the gender of their person to whom they are wed. This means one spouse cannot be compelled to testify in court against the other. One major area that was not directly affected by the recent changes is same-sex divorce.

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Judge assigns alimony, debt after Facebook request is denied

Facebook can be a fun way to keep up with what friends and family are doing. It is a popular social media site in Massachusetts and across the country. A woman recently found out just how widespread its influence was when the judge in her divorce case allegedly used it as a way to determine alimony and debt repayment. The woman says the judge tried to “friend” her on Facebook. The woman refused the request and had her attorney ask the judge to excuse herself from the case. Not only did the judge remain on the case, she ruled that the woman was responsible for all the debt that had been incurred during her marriage. She also ordered the woman to pay alimony. The woman filed a formal complaint against the judge, saying she had been punished for ignoring the judge’s friend request. The appellate court ruled in the woman’s favor. It stated that if judges cannot “friend” attorneys, it stands to reason that they should not “friend” the people whose cases they are presiding over. They said it puts those people at a disadvantage, regardless of how they choose to respond. Divorce requires decisions about many issues that have long-lasting effects like alimony, child support and custody. These are important matters that should be given the consideration they deserve and decided according to Massachusetts law. They are not subjects that should be decided on the basis of Facebook and whether someone has hurt the judge’s feelings by refusing or

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