Father’s rights argued in custody battle over daughter

Massachusetts fathers may be interested in the details of a custody battle currently happening in a southeastern state. A man there is fighting a local adoption agency to regain his father’s rights and win custody of his young child. The 3-year-old girl is currently living in Massachusetts with the people who are hoping to adopt her once the case is resolved. The man says he did not consent to the adoption. He claims it was arranged by his ex-wife without his permission. Reports suggest that the woman lied to the adoption agency and told them she was unmarried, even though that was not true. Other documents allege that the man abandoned his daughter — a claim the man says is also false. Representatives for the adoption agency say that the man was granted visitation rights but has not taken advantage of them. The man argues that he’s tried unsuccessfully to make arrangements with attorneys to see his child. Now he wants custody. The man’s battle has resulted in an alliance that initially seems incongruous. His former mother-in-law says the man deserves to have custody of his daughter. So far, the court has not ruled in favor of either party. The man still retains his parental rights. Unless those rights are severed officially by the court, the family who wants to adopt the little girl cannot do so. The man vows to continue his fight. A father’s rights should not be taken lightly. By taking an aggressive legal stance, the man

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Actress Hillary Duff agrees to shared custody with ex-husband

Most parents, regardless of gender or what they do for a living, want the best for their offspring. Fame does not change that, whether a person works in Hollywood or Massachusetts. If the couple can agree on the terms, shared custody can often be the ideal way to raise any children they might have. Actress Hillary Duff and her husband, a former hockey player, have agreed to share custody of their young son upon completion of their divorce. Duff and her husband were married just under four years. They have a son that is nearly 2 years old. Duff confirmed recently that she and her husband have separated. The actress’ mother told a gossip website that the two plan to file for divorce in the near future but stresses there is no animosity between them. She reportedly said the two are better at maintaining a friendship than they are a marriage. A spokesperson for Duff confirmed that the couple had agreed to separate. Despite the end of their marriage, they plan to continue their friendship. They both are committed to providing a loving home for their child and ask fans to respect their need for privacy during this time. The approach Duff and her husband are taking to determine how to best raise their son is one that many Massachusetts couples have also implemented successfully. Shared custody is not an area in which success comes easily and without effort. If, however, both parents can work together and focus on what

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Non-traditional couples in Massachusetts offered USAA insurance

Affordable, reliable insurance can be difficult to acquire in Massachusetts and elsewhere and, as such, is a benefit that is worth fighting for. Widows and widowers who were in legally-recognized, same-sex relationships that have not remarried will now have the option of continuing insurance coverage from the United States Services Automobile Association. Divorced non-traditional couples that remain unmarried will also have access to the same benefits, according to the agreement. The change is part of an agreement the USAA made with the Attorney General’s office. The USAA provides insurance to members of the armed forces and their family members. In the past, the organization faced complaints that it ceased coverage for anyone in a same-sex relationship that ended in divorce or the death of one of the participants. Although Massachusetts began officially recognizing gay marriage in 2004, the USAA did not update its policies to include same-sex couples for eight years afterwards. Now, under the terms of the agreement, the USAA will provide benefits to the people whose requests were denied previously. The company will also pay a fine. In a statement released recently, the USAA claims the agreement is not a change from its regular practices. The company says it has offered benefits to non-traditional couples for the past two years. USAA asserts this includes both surviving spouses and divorcees — as long as they have not remarried. This agreement is one example of the difficulties non-traditional couples may face. Divorce or death of one of the partners only

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Property division options for a Massachusetts divorce

For residents of Massachusetts who are facing divorce, a subject that is always raised is property division. It can be confusing when deciding who gets what involves the dwelling where the spouses have lived while they were married. There are several options on the property division path that can be taken, depending on the particular situation of the couple. How well the two people get along can be a huge factor in deciding what to do with a house. Many times selling the house and splitting the money is the best option if the couple gets along. This would allow each person to walk away and begin a new life. If the relationship has gone sour and the two just cannot work things out amicably, the court may decide any division necessary. There are times when one spouse wants to stay in the house after the divorce — often when children are involved. Sometimes the parent who chooses to stay in the home will buy out the interest of the former spouse. In this case, lenders may require proof that whoever stays in the home will be able to make all payments. Even if one spouse has been bought out, however, the court can still require that spouse to help make mortgage payments to ensure the children are given proper dwelling provision. On the contrary, if there is negative equity in the house, it cannot be sold to completely pay the total amount owed, so the couple will have to

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Massachusetts spouses: How to know when it is time to divorce

When a Massachusetts relationship has become strained, both parties often want to make a change. Deciding how to move forward, however, can be a bit of a challenge. In many cases, spouses are unsure whether to spend the time and energy trying to repair the marriage, or simply move forward with a divorce. The following tips are offered in the hopes of making those decisions easier to reach. At the end of the day, a marriage is an important bond, and is a significant aspect of an adult’s life. In cases in which the marriage can be saved, spouses should make every effort to do so. Some couples grow apart as they move through the transitions of life, such as when children enter the family or when they leave as adults. In these cases, the bond between husband and wife can sometimes be strengthened with the proper focus and effort. One way to know that a marriage is salvageable is when both spouses are willing to try counseling. The desire to make the effort signifies that both parties still hold hope that their bond can persevere. In addition, couples counseling is always more effective when both parties are willing to fully participate in the process. When a Massachusetts couple is unsure how to move forward through difficult times, the best course of action is to try all available methods of strengthening and preserving the bond between them. In some cases, counseling will be successful, and both spouses will gain insight

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So-called pet custody case settled during gay divorce

Massachusetts readers may have heard of an unusual case centered on the struggle over the care and custody of a shared pet. The dog, a miniature dachshund named Joey, was a pet in the home of a gay couple. When the two women decided to divorce, “custody” of Joey became a central issue. The judge presiding over the divorce agreed to schedule a separate hearing for the purposes of determining where Joey would reside, which marked a highly unusual approach to this form of property division. In many cases, judges refuse to hear arguments over which party will retain the family pets. In other cases, animals are treated as another form of property, and decisions are made based on which party acquired the animal or paid for its care. Very rarely is the issue given significant time in court, making this case highly unusual. Unfortunately for those who looked to the case to present a landmark decision on the issue, the couple was able to settle the matter outside of court. Joey will remain in the care of the woman who received him as a gift from her spouse. There is no mention of whether his other “mother” will be allowed to visit with him. Even though this case did not result in a hearing, pet lovers and animal rights activists still view the matter as a victory. The judge was at least willing to hear the argument, suggesting a shift away from treating animals in the same manner as

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Military divorce rates down, fathers’ rights still an issue

Recently released data suggests that the rate of divorce filings among military couples has decreased in 2013. According to newly reported Defense Department data, divorce rates have fallen one tenth of a percent. However, divorce among families of enlisted service members still outpaces that of officers. The overall decrease in divorce filings is great news for Massachusetts military families. However, for parents who decide to end their marriage, fathers’ rights concerns are particularly troublesome for men in the military. While our nation extends a great deal of support and admiration for the men and women who serve within the armed forces, there are areas in which military service can actually serve as a detriment. Child custody is one example in which the decision to serve can lead to legal difficulties. Many men who have chosen to pursue a military career encounter difficulties when trying to assert their parental rights in a family court. One issue that military fathers frequently face involves the risk of deployment. In many cases, mothers and their attorneys are able to convince a court that the risk of deployment is a significant factor in awarding full or joint child custody to a man who serves within the military. As a result, fathers in this position can find that their ultimate child custody arrangement is not on par with that which a non-military parent could reasonably expect. For those who are passionate about remaining actively involved in the lives of their children after a Massachusetts divorce, this

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Discussing spousal support and child support with an attorney

When a Massachusetts marriage ends in divorce, the financial fallout can lead to a drastic shift in budgeting and financial stability for both sides. Child support and spousal support are among the most pressing concerns for many. Regardless of whether an individual expects to pay or receive either form of financial support, the way that the numbers will break down will have a big impact on their future financial outlook. Understanding how the payments are likely to be structured is a top priority during the early stages of a divorce. While there are a number of online resources that claim the ability to calculate alimony and child support payments, the best source of information about these matters is one’s divorce attorney. For those spouses who expect to make these payments, the first step in calculating the estimated payment amount is to provide the attorney with a comprehensive accounting of one’s income, as well as any income earned by the other spouse. It is also important to provide bank statements, recent tax returns, retirement account information and any other relevant financial information. For those spouses who expect to receive child support and/or alimony, the same information is required, for both you and your spouse. It may also be helpful to have a list of any special needs on the part of shared children, and a summary of any expenses such as private schooling, tutoring or other expenses that fall outside the realm of general living expenses. Using this information, the attorney

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