Get the Facts About Parental Rights, Paternity Testing, and Child Support

David M. Gabriel & Associates

As far as the Massachusetts courts are concerned, both mothers and fathers have legal rights and obligations when it comes to children. However, a child born to unmarried parents doesn’t automatically have a legal father. The mother is given sole legal and physical custody until paternity is established. For married couples, the husband is presumed to be the biological father and is responsible for financial obligations. As a presumed father, if you believe you are not the biological father, meeting with an attorney to rebut presumed paternity is a time-sensitive matter and needs to be addressed as soon as possible. In order for an unmarried biological father to be determined to be the father of a child, paternity must be acknowledged. This can be done in writing if both parents sign a form known as a “Voluntary Acknowledgement of Parentage.” In many cases, this form is signed at the child’s birth. If the biological father is not present at the birth or unaware of the child’s existence, paternity testing may be required to establish parental rights or enforce obligations later on. DNA Testing The legal process used by the court to determine paternity is called genetic marker tests. These are simple medical tests to show paternal biological relationships. Two types of tests can be performed, a cotton swab with DNA from the mouth or a blood test. Samples are taken from the child, the biological mother, and the father in question. The tests are considered very accurate when it comes to

If my ex purchased our marital home before we were married, can I request the house as part of my divorce settlement?

David M. Gabriel & Associates

In an ideal situation, you’d work with your ex to divide up assets fairly. Unfortunately, that isn’t always possible. Many couples hire attorneys to negotiate divorce terms on their behalf. Some couples even go to court and ask a judge to divide the marital estate. So the simple answer is yes, you can request the marital home as part of your divorce settlement. A property owned by one spouse at the time of the marriage can become considered marital property by the court and be subject to division as part of the marital estate. The court may consider factors that include both spouses paying the mortgage or other expenses, or contributing toward significant improvements to the property. Divorcing couples may request specific assets during the division of property, but that doesn’t mean their request will be awarded. Massachusetts law requires the division of property in a divorce to be equitable. This means property division must be fair, though not necessarily equal. Massachusetts law allows a judge to divide all property regardless of when it was acquired or which spouse actually owns it. When dividing assets, such as property, a judge will consider the length of the marriage, the present and future needs of any dependent children, each spouse’s income and contribution, and much more. Monetary value will be assigned to the house, along with other assets for a judge to consider. Many couples opt to sell property in order to divide their assets, however, if one spouse wishes to keep the house, they may choose to forfeit other assets

Co-parenting in the Face of Coronavirus

David M. Gabriel & Associates

Amid the spread of COVID-19, we are all facing unprecedented times. As this pandemic continues, regulations regarding safe practices change daily. One thing on the mind of parents sharing custody is whether or not their court order is enforceable. Rest assured, custody, visitation, and placement are in effect and continue to be enforceable during this period of time. Court-ordered arrangements remain obligatory and should be followed accordingly. Any parent planning to use the pandemic as a reason to deny access to another parent can expect the courts to come down hard on parent agreement violations. Many judges view time of crisis to be particularly critical times for children to maintain some form of normality. In cases where parents are willing to work together, they should consider the following: which parent has better resources for the child to complete distance learning, if one parent has a high-risk job, the health of family members, social distancing rules, etc. In the unfortunate event that a parent is required to self-quarantine or is restricted from having contact with others, efforts should be made to allow for parenting time by video conference or telephone. A critical aspect of co-parenting that may be affected is where the exchange of children takes place. For some parents, the changeover occurs at school. However, if the school is no longer in session, a new location and time will need to be agreed upon. If the exchange is not possible from someone’s home, it’s suggested to find a public place

Prenuptial Agreements: What They Are And Who Needs One

David M. Gabriel & Associates

Prenuptial agreements might have a bad reputation from tabloid accounts of celebrity divorces, but these important legal arrangements are for more than the rich and famous. Nor are prenuptial agreements a statement that a couple plans to divorce or otherwise wants an exit strategy. When done right, a prenuptial agreement can help a couple take stock of their assets and set the stage for efficient and open communication about joint finances, thus strengthening the marriage. In essence, a prenuptial agreement enumerates one or both of the partners’ assets and stipulates which of these assets will not become jointly held upon marriage but instead remain individual property. While one of the most common reasons, and the most notorious in pop culture, is to protect an individual’s assets in case of divorce. This is especially important when a couple’s assets are imbalanced; if one partner makes or owns ten times the other’s worth, the assumption of each partner being entitled to half the property at divorce is not fair. Prenuptial agreements, however, have many other uses and can serve the needs of many kinds of people. For instance, a prenuptial agreement can protect one spouse’s assets from the other’s liability. For example, if a woman is a doctor, and her husband owns his own business, they may have a prenuptial agreement as part of an asset protection plan. If the wife is sued for malpractice, her husband’s business is not counted as part of her property, limiting her potential payout amount and

My Kids Hate the Custody Arrangement – What Can I Do to Make Their Voices Heard?

David M. Gabriel & Associates

Even in the best of circumstances, divorce can be difficult for children. Children are often resistant to change: adapting to new schedules and surroundings, learning to live with one parent at a time, and getting along with possible new stepsiblings or half-siblings are all big changes, ones which can challenge a child’s developing social skills and coping mechanisms. However, many, if not most, children with divorced parents eventually adapt and thrive, growing into healthy and well-adjusted adults. There are cases, however, where a child’s discomfort with a custody arrangement goes beyond natural resistance to change, beyond the fairly standard complaints of “I don’t like it here” or “I like dad’s house better.” Perhaps there is serious, ongoing, and frequent conflict between the child and one of the custodial parents, a conflict that makes living with that parent a deeply anxious situation for the child. Perhaps the conflict is with a stepparent or stepsibling and a child’s grades are dropping as a result of the distress. Conflict and negative situations are not the only reason to consider modifying a custody agreement, however. Perhaps, at the other end of the spectrum, a mom can now spend more time with her children because of a promotion that allows her more control over her schedule. Or perhaps a ten-year-old custody agreement no longer works for a fledgling teenager because she prefers to live at her mom’s house as it is considerably closer to her new high school than dad’s, allowing her to participate in

Common Myths in Massachusetts Family Law Every Parent Should Know

David M. Gabriel & Associates

When it comes to divorcing and family law, things get complicated quickly. It’s essential to know your rights regarding your children. Presented here are some common myths every parent should be made aware of during divorce or custody proceedings. Myth: A parent’s failure to pay child support can result in the parent being kept from seeing the children Only a judge can determine visitation rights. If a parent fails to pay child support, the other parent is not automatically given the right to withhold visitation. The Court’s orders for visitation cannot be ignored simply because the child support account is two months or even two years delinquent. Myth: If a parent doesn’t agree with the court orders, they can move the kids out of state Once an action involving custody of children (divorce, domestic abuse, guardianship, etc.) is filed in Massachusetts, neither party can remove a child from the state without permission from the other parent or a judge. This act of moving a child out of state without permission can result in criminal charges. A modification with a compelling reason to move with the children, such as once-in-a-lifetime education, family, or work opportunity, must be filed to remove children from the state legally. Myth: He/She cheated on me, so I should get everything Infidelity is grounds for divorce in Massachusetts, however, in a divorce, a judge must consider many factors in making a decision, including all conduct of the parties during the entire marriage, good and bad. It is

Don’t Fall Victim to Hidden Assets During Divorce

David M. Gabriel & Associates

When it comes to divorce in Massachusetts, everything related to finances must be fully disclosed. This includes every single asset, purchased together or otherwise, as well as all accumulated debts. Each spouse is instructed to report known findings through a financial affidavit. It is against the law to purposely hide, understate, or overstate assets, as well as any marital property, debt, income, or expense. In extreme cases, this can potentially lead to the withholding party being sentenced to serve time in jail. If you suspect your spouse of attempting to hide assets, it’s imperative to retain a divorce lawyer who has significant experience discovering hidden or undervalued assets. A top-notch Massachusetts divorce lawyer will know the tricks used to hide assets and work with forensic accountants, investigators, and other experts to uncover these attempts to mislead the system. Some common methods of hiding assets are outlined below. Overpaying the IRS Spouses who anticipate that their divorces will be finalized during the next tax season have been caught intentionally overpaying the IRS. If undetected, this gives them a way to shelter money and provide them with a head start on the following year’s taxes once the divorce becomes final. Selling Assets to Friends Be wary of transactions made between a spouse and a close friend or confidante. This is a tactic commonly used to hide assets whereby an arrangement is made to return or ‘sell back’ assets following divorce finalization. Delaying Financial Gains It is not uncommon for a spouse expecting

How to Get a Protective Order Against an Abusive Partner or Spouse

David M. Gabriel & Associates

Domestic abuse is a serious and even life-threatening situation—and there are legal remedies to help survivors protect themselves, their children, and their property as they make the brave decision to escape an abusive situation and begin moving forward with their lives. One of the most important tools available to victims of domestic abuse is the restraining order. In Massachusetts, a restraining order is known as a an “Abuse Prevention Order” or a “209A Order.” This name refers to Chapter 209A of the Massachusetts legal code, entitled the Massachusetts Abuse Prevention Act, which defines domestic abuse. According to Chapter 209A, domestic abuse may be: 1. Physical violence 2. Attempts to harm with physical violence 3. Causing another person credible fear of serious harm 4. Coercing another person into sexual relations through physical force, the threat of force, or duress Acts of physical violence are themselves criminal offenses subject to prosecution in Massachusetts. While emotional and verbal abuse are not defined as crimes under Massachusetts law, they are recognized as common features of abusive situations and relationships. Financial abuse—the withholding of or control over a partner’s financial or material resources—is another feature of abusive situations. A 209A protective order may be filed for at any Massachusetts court—superior, general, or probate and family. A protective order can require an abuser to cease abusive behavior, to avoid all contact with the protected party, to vacate a shared household, and/or to surrender firearms licenses and weapons. As mentioned above, probate and family courts can award

David M. Gabriel & Associates

Get the Facts About Parental Rights, Paternity Testing, and Child Support

If my ex purchased our marital home before we were married, can I request the house as part of my divorce settlement?

Co-parenting in the Face of Coronavirus

Prenuptial Agreements: What They Are And Who Needs One

My Kids Hate the Custody Arrangement – What Can I Do to Make Their Voices Heard?

Common Myths in Massachusetts Family Law Every Parent Should Know

Don’t Fall Victim to Hidden Assets During Divorce

How to Get a Protective Order Against an Abusive Partner or Spouse

Categories

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?
We Can Help

David M. Gabriel & Associates

Categories

TAGS

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?We Can Help

Life Complicated?
We Can Help