Fathers’ rights and shared custody

David M. Gabriel & Associates

Massachusetts fathers who are going through a divorce may have the mistaken belief that courts favor women in making custody decisions. While this may have been true in the past, the law specifically prohibits courts from assigning custody to one parent over the other based on the parent’s gender. Instead, courts are to put the child’s best interests first and they consider a number of relevant factors in making the custody orders. Courts generally favor shared custody situations. There are two types of shared custody in Massachusetts. The first is called shared legal custody. When fathers are granted shared legal custody with their child’s mother, both the father and the mother participate in all major decisions involving the child. The mother and father must confer and make decisions together regarding educational, religious, medical and other major decisions for their child. The other type of shared custody is shared physical custody. With shared physical custody, the father and mother will share residential custody of the child. The child will go between the two parent’s homes on a set schedule either agreed upon by the parents or established by the court. Parents will share holidays, summers and breaks as well. Shared custody protects the child’s ability to continue developing strong, ongoing relationships with both parents. The court is to always keep the child’s best interests at the forefront when deciding custody disputes. If the parents are able to reach an agreement concerning a shared parenting schedule, courts will generally grant it. Otherwise,

Can alimony payments be terminated

David M. Gabriel & Associates

Massachusetts law does make provisions to terminate spousal support. If a spouse who is receiving support remarries or either spouse dies, the support will stop. However, the spouse making payments may be required to get a life insurance policy that will provide support after the paying spouse passes on. The length of the marriage may also play a role in determining when support payments may terminate. For marriages that last for less than five years, support payments will last for no more than half the number of months that the marriage lasted. If a marriage lasts more than five years but no more than 10 years, support will last for 60 percent of the total number of months that the marriage lasted. Support will be provided for 70 of the number of total months the marriage lasts for marriages of more than 10 years and less than 15 years. This number goes up to 80 percent for marriages of more than 15 years but less than 20 years. Payments may also be terminated if it can be proven that a spouse who receives payments is cohabiting with and has formed a common household with another person for at least three months. Such a household may involve multiple people who are economically interdependent or a household where one person is economically dependent on someone else. While spousal support may be ordered as part of a divorce settlement, it may be terminated for a variety of reasons. Hiring a family law attorney

How does a DNA test work?

David M. Gabriel & Associates

Massachusetts residents may know that paternity testing is able to establish the father’s identity with a substantial degree of reliability. By matching the child’s DNA to that of the father, it allows parents and children to have resolution on this issue. Understanding paternity testing is based on one’s knowledge of genetics. The DNA code for each individual is specific except in identical twins. However, paternity testing, except in rare instances, is rated at an inclusion rate of 99.9 percent. This means that there is a .01 percent chance that the individual is not the father. Conversely, if the individual is not the father, the test will provide a 100 percent exclusion rate. A child receives 50 percent of his or her DNA from each parent. Since that is true for the parents as well, the child will have DNA that matches that of the grandparents more closely than the DNA of non-related, randomly chosen individuals. DNA fingerprints are done by using restriction enzymes to cut the DNA at certain intervals. Since all DNA is made of combinations of the same four units, A, G, T and C, this technique looks for specific sequences to make the cut. The parents’ DNA and the child’s is cut using this method, and the resultant fragments are matched. If the fragment pattern matches that of the proposed parents, parentage is established by a factor of 99.9 percent. Paternity is used to establish both the obligations of the father and his rights. Using DNA testing,

Divorce in Massachusetts for same-sex couples

David M. Gabriel & Associates

Massachusetts has recognized same-sex marriage for a decade. With marriage comes the possibility of divorce. Divorce and ending domestic partnerships can be difficult and complex undertakings for anyone, but this is especially true for same-sex couples because the law has not always been clear on the rights of these individuals. Still, couples in same-sex relationships have many of the same concerns as their different sex counterparts, including property division, handling of debt, issues of alimony and tax considerations. Another frequent source of concern for married couples or those in domestic partnerships is how to handle issues related to children that resulted from the relationship. Visitation and child support can be contentious matters, and that is the case even when a couple was married when the child was born or adopted. If a couple had a serious relationship that resulted in a child or children, but the couple never married, this can make determining support, custody and visitation even more complex. The good news is that unmarried couples with children have become increasingly common in the last 50 years, so there are far greater options for non-married parents who want to continue relationships with their children. If you are considering a divorce or terminating your relationship with the parent of your child, a variety of legal considerations needs to be accounted for. Many of these issues can be decided out of the courtroom, but however they are determined, understanding the law can be beneficial to obtaining an equitable outcome. For more

How paternity is established in Massachusetts

David M. Gabriel & Associates

Residents of Massachusetts may establish paternity with the court by filing with the court, the city clerk or the registrar of vital records. If the documentation is passed through a clerk or registrar, these entities are responsible for sending it to the state juvenile court. The court may also collect personal information about the parents and child. The information that the court or registrar may request include the names, Social Security numbers, ages, dates of birth and addresses of the mother, father and child. If paternity is not voluntarily established with the court, any party may seek to make such a registration. Establishment of paternity with the court is necessary in order to maintain fathers’ rights. The court must have proof of paternity in order to assign visitation rights and shared custody of a child. In order to enforce the obligations and rights related to paternity, the court may order proof of paternity. Such proof may be requested in order to confer custody rights as well as shared custody and visitation rights for the father and paternal grandparents. Paternity claims may be proven or disproved by way of paternity tests such as DNA testing. Once paternity is established by the court, additional actions such as orders for child support may commence in family court. Establishment of paternity provides a father with rights to access with a child. If either parent desires to establish or challenge paternity claims, this must be done through juvenile court. An attorney may be able to

Division of marital property in Massachusetts

David M. Gabriel & Associates

During a divorce proceeding, distribution of marital property can be a complex process. Massachusetts has established statutes regarding property division of various types of assets. Fair distribution of assets, including alimony, health insurance and business values, is ultimately determined by the court. The division of marital property has tax consequences that must also be considered by both parties. In addition to one party paying alimony to the other, the commonwealth’s courts may also order that one spouse pay for vested and non-vested retirement accounts, investments made together and funds earned during the marriage. Other assets that the court may assign to be distributed include retirement accounts, military and veteran’s pay and pensions, private pensions, profit-sharing ventures, annuities, deferred compensation and insurance settlements. Determination of equitable distribution also includes physical property or the property’s value. When performing a complex property division, the court takes into consideration the needs of dependent children. Additionally, it factors the ability of each party to earn a living, the contribution that each spouse made to the household income and the contribution that each made in running the household. The values of shared assets must be verified when marital assets are distributed during a divorce. The values of personal property, any jointly held business, land, homes and other valuables may be a contentious issue between the two parties. An attorney can help with a thorough investigation and analysis to ensure that their client receives an equitable distribution of marital property at the moment of the divorce and

How establishing paternity affects a father’s rights

David M. Gabriel & Associates

In order for a man to gain rights to a child in Massachusetts, he must first establish paternity. This is typically done through genetic testing to determine if he is the biological father. The IV-D agency may order a genetic marker test for a mother, putative father and child if either the mother or putative father submits an affidavit that states that intercourse occurred between the two during the probable period of conception. If someone is already presumed to be the child’s father, such as in the case that he is married to the child’s mother or has voluntarily acknowledged paternity, the IV-D agency may not order a genetic marker test. The presumed father may request one, however. Once the results of the test are determined, the parents have the opportunity to voluntarily acknowledge parentage. After determining that a man is in fact the child’s biological father, he can pursue rights to the child, such as custody and visitation. Should he be granted legal custody, he then will be able to participate in decisions about the child’s life such as where the child is to attend school as well as decisions about medical care. He may also then be required to begin making child support payments. An individual who wishes to gain custody or visitation rights to a child may wish to work with a family law attorney experienced in fathers’ rights cases. An attorney may help a client in submitting the required documents and representing them in court proceedings.

Dividing property after a divorce

David M. Gabriel & Associates

If a divorcing couple has not settled their division of assets through a signed Marital Settlement Agreement in Massachusetts, the issue is left to the courts. Massachusetts is an ‘equitable distribution” state, meaning that if the parties cannot agree on how to divide their assets and debt, the Family Court within the Judgment of Divorce will award property based on what is deemed to be fair. It is important to know that ‘equitable” and ‘fair” are not synonymous with a 50-50 split of marital debt and assets. When determining how much each party gets, a number of factors will be taken into consideration. These factors include the income of each party and their current occupations, vocational skills and potential to be hired. Each party’s health and age are also taken into consideration. The length of the marriage and the behavior of each spouse throughout are also used when determining property division. To determine the assets and debt that must be divided, the Family Court will first determine which assets and debt are actually marital and assign dollar amounts. Once the monetary value is determined, property and debt will be assigned equitably. A divorcing spouse who has not been able to reach a settlement on property division without the court can benefit from a divorce attorney who can be a strong advocate. It is important that the judge has a clear idea of the spouse’s situation and that the spouse receives a favorable ruling. Source: Divorce Support, “Massachusetts Property Division Factors“,

Fathers’ rights and shared custody

Can alimony payments be terminated

How does a DNA test work?

Divorce in Massachusetts for same-sex couples

How paternity is established in Massachusetts

Division of marital property in Massachusetts

How establishing paternity affects a father’s rights

Dividing property after a divorce

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