How Massachusetts decides if a man is a child’s father

The states all deal with establishing paternity in their own way, and it’s important for unmarried fathers to know how this is going to work. In Massachusetts, the state will presume that a man is the father in the following situations: 1. If the man had been married to the mother in the past and if the child’s birth happened within 300 days after the end of that marriage. 2. If he attempted to marry the mother, but it did not end up going through, and the birth happened within 300 days after the attempt. 3. If, after the child was born, the man said—perhaps in writing—that he would care for the child, and if he then tried to marry or successfully married the mother. 4. If the man and woman began living together after the child’s birth, and if they openly acknowledged that the child was theirs. 5. If the man made a parental responsibility claim, saying he was the father, and if the mother did not object. There is one more stipulation that applies to children born prior to April 13, 1994. In these cases, the man is presumed to be the father if he and the mother agree to list his name on the birth certificate. There are some gray areas in here, of course, as the law is fairly open-ended, especially when referring to things like attempts to marry or acknowledgement that a child belongs to a man. As such, it’s very important for parents to

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Does when you make art matter during divorce?

As an artist, perhaps you already know that some of your art may be considered marital property in Massachusetts. This means that it can be split up during a divorce, even if you created it and your spouse had nothing to do with it. The art is looked at as potential earnings since it could be sold for money, so it needs to be divided like the rest of the assets that you have. So, knowing this, you may be wondering if when you created the art matters. The truth is that it absolutely does. Generally speaking, the art that you need to split up is that which you made while the two of you were together. This is the same as the way you’d need to split money you earned while you were together. Anything done during the marriage will likely count. However, if you made the art before you got married, then it might be exempt. Art does not always sell right away. If you sold it during the marriage, the money will be divided, but, if it’s art that you brought to the marriage and never sold, it likely stays with you. Additionally, if you make more art after that divorce filing is put in, this is typically not going to be divided. The divorce process can take a long time, and you should not be prohibited from working while it plays out. As you can see, it’s very important to know how this works so that

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Tips for keeping a family business during divorce

Divorce can ruin a business if steps are not taken in advance to protect it. This is especially true when the co-founders of the business are the ones who are married. If you’re thinking about starting a company with your spouse, even if you feel like you’re never going to get divorced, it’s wise to have a plan in place. Most people ignore this because they don’t think they’ll get divorced, but it can sink the company if it happens. First off, some experts say its wise to make the agreement biased in favor of the business. Put in provisions that protect it even more than anyone’s personal interests. Next, set up buy and sell contracts in advance. One of the big issues is when one partner decides to leave and wants to sell of his or her ownership. Battles over how this should be done can take a long time, and an agreement that favors the seller may still harm the company. With the agreement in place in advance—and in favor of the company—you know what to expect. As you do all of this, be sure you have an accurate valuation done on the company. Never assume you know what it’s worth or let the other person decide. You both are going to be biased in this decision. A third party can give you a real-world valuation so that you know just what it’s worth and what a fair split looks like. Above all else, the key is to

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4 things to remember after being involved in a motor vehicle accident

Motor vehicle accidents can wreak havoc on your life. When a motor vehicle accident wasn’t your fault you may want to make a claim for damages. Everything you do starting from the day of the accident can make difference when litigating for damages. Below is a short summary of the most common do’s and don’ts for anyone after an accident. 1. Make sure you take pictures at the scene of the accident. Please remember to be safe when doing so. 2. Begin keeping a record or log of your related injuries. Write down what pain you feel, and for how long. Write down all the activities you can’t participate in or daily tasks you need help with because of the sustained injury. 3. Do not talk to the other driver’s insurance company. Decline any of their communication. Do not sign any papers that the other insurance company sends you. 4. Send all correspondence from anyone or any company (including your own insurance company) to your attorney. A lawyer is the only person who is actually and legally completely on your side after an accident. A win for you is a win for them. When clients come to David Gabriel and Associates after an accident, we understand that you are in crisis. Let us help you work through your injury and get you what you deserve.

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Slip and Fall Accidents and an aging population

People of any age may suffer injuries when they slip, trip, or fall down. Statistics show that Americans aged 65 and older may suffer particularly severe injuries, including hip fractures/injuries. The CDC reports that 258,000 people in the U.S. over the age of 65 were admitted to hospitals for fractured hips in 2010 alone. Falling down was the number one cause for such hip fractures. Falls took place in a wide variety of locations, including the victim’s home, stores, other public places, nursing homes, or even within the hospitals themselves. Hip fractures may have surprisingly serious consequences for an elderly adult. While a young person may heal from a broken bone rather easily and quickly, the healing process may be much more complicated and lengthy for older adults. An elderly patient with a hip fracture often undergoes surgery, hospital/long term care stays and rehabilitation. Liability for Slip and Fall Accidents Businesses and property owners have a duty to ensure their premises are reasonably safe for customers and other visitors. This includes keeping the property free of potential slip and fall hazards. Such hazards may include: Slippery or wet floors Uneven floors Handrails defects Debris in walkways or stairwells Unsecured wiring on floors (phone cords) Rugs not being secure If a property or business owner knows that such a potentially dangerous condition exists and fails to fix it, they are acting negligently and should be held liable for any injuries that occur due to their negligence. Slip and fall victims are

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Using a divorce lawyer may be the best way to reach a divorce agreement

Deciding to file for a divorce is a major decision for most couples. With many online solutions available, it is not uncommon for Massachusetts couples to think that they can handle their own divorce. However, they are often unprepared for the many stumbling blocks they may face without the guidance and support of an experienced divorce attorney. When minor children are involved, child custody and parenting plan agreements must be reached and submitted for court approval. Another area of a divorce that may prove to be more challenging than initially thought is property division. Under Massachusetts laws of equitable distribution, couples may decide on how to divide their assets, as long as it is done in a fair manner and carries the approval of the court. This is where unexpected contention often arises. After navigating these aspects, spousal support and child support will have to be determined. In Massachusetts, regardless of whether a divorce attorney is retained or a couple decides to handle their divorce themselves, there are specific waiting periods. The waiting periods between filing the divorce complain and the court hearing are dependent on the type of divorce filing (contested or uncontested). After the final hearing, another waiting period must be observed before a final divorce decree is issued. Considering the complexity of all the issues, many Massachusetts couples choose to utilize the services of an experienced divorce attorney to avoid stumbling blocks. David M. Gabriel and Associates can guide each client to reach a divorce agreement that

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The Challenges Behind Parental Relocation

Sharing custody of a child is difficult enough when two parents live in the same area, however when one parent wishes to move to another state with a child, a new set of challenges arises. In Massachusetts, a parent must request permission to move out of the state with the child. The other parent has a right to object, and challenge the request. Moving away can have major impacts on the other parent’s ability to spend time with the child. Unless the parents reach an agreement, the dispute will be left for the courts to resolve. Massachusetts courts must consider a number of specific factors when determining whether to grant a parent’s request to relocate. As with any other custody dispute, the courts consider the best interests of the child. This standard requires courts to evaluate both the positive and negative impacts the move will have on the child. In particular, the courts evaluate how the move will impact the child’s emotional or physical needs. The courts also recognize that the well-being of the custodial parent can affect the child’s best interests. As a result, the courts evaluate whether the move will improve the quality of life for both the parent and the child. Factors such as employment prospects, available support of family and friends, and the anticipated living situation in the new state are all factors that the courts consider. Relocation is a unique custody issue. There are many different variables, which can make the issue even more challenging.

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Items that make property division complex

When it comes to matters of property division, some people have it easier than others. But even if you believe your situation to be relatively simple, you may find that this is not the case as you make your way through the process and begin to review your many assets and debts. High net worth divorces, in particular, often lead to property division challenges. These need to be addressed without delay, ensuring that both parties understand what’s to happen and how it will impact them now and in the future. Here are some of the items that can make property division more complex: — Business ownership. — Real estate, including vacation homes. — Stock options and bonds. — Bank accounts and bonuses. — Retirement funds, including military pay, IRAs, and pensions among other types. — Antiques and collectibles, such as sports memorabilia and art. Before anything can be done, you and your spouse must have an accurate idea of your net worth. From there, it is easier to move forward with property division, although there are sure to be some “sticking points” along the way. Due to all the challenges valuing the items detailed above, it’s important to work side by side with an experienced law firm. We have helped many people work through property division, eventually ending up in a place they are comfortable. If you have any questions about property division, if you want to learn more about your situation, don’t hesitate to contact us. You can do

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