Is it true that Massachusetts courts favor mothers in child custody decisions?

While it remains a common belief that courts favor, or are even biased for, mothers in custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of labor within households. Before women entered the workforce in large numbers, men were expected to be the providers. Women, on the other hand, were seen as not only the primary, but the “natural” caregivers to children. As such, custody agreements tended to favor women as they would, in the view of society, be better able to provide for the emotional and everyday needs of their children. Times have changed though; in marriages, it is much more common for men and women to share childrearing responsibilities. Now, a majority of women work outside the home. Additionally, now that same-sex couples can receive the legal protections of marriage throughout the United States, the 1950s division of labor is even less relevant to custody decisions today. Today, most judges will look at a variety of factors when assigning custody, with the goal of providing for the child or children’s best interest. For young children, this may include providing constancy and stability, perhaps with the primary caregiver. Other factors include the relative income of the parents and their personal histories. Consult with our office today about how to best to gain custody of your children.

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Massachusetts Law: Divorce, Custody, and Child Protection

Massachusetts General Law (MGL) 208 covers divorce. This chapter of the laws of the Commonwealth describe everything from the definition of divorce to alimony, child support, and custody issues. Section 31A pertains to visitation and custody in the best interest of a child and covers abuse of parent or child. The best interest of the child is the primary determining factor in awarding custody. An abusive parent may not be awarded sole custody, shared legal custody, or shared physical custody. Custody arrangements must be in the best interest of the child. If one of the parents in a divorce or custody dispute has a history of being an abusive parent, then the court may deny custody or visitation or place restrictions. The court may order supervised visitation for the abusive parent. The abusive parent may be ordered to attend a certified batterer’s treatment program. They are often ordered to refrain from alcohol and other controlled substance during and up to 24 hours before a scheduled visitation. They may also be restricted from overnight visitation. The court may impose any other condition to provide for the safety of the child. Restraining orders are often issued when there is a request for protection and there is concern for the safety of one parent and/or a child. The mere existence of a restraining order (209a) does not serve as proof of abuse or define a parent as abusive. Evidence must be presented that shows a pattern or serious incident of abuse has actually

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Mandatory Disclosure in Divorce

In Massachusetts, when a party files for Divorce, Massachusetts Rules of Domestic Relations Procedure, Supplemental Rule 410, Mandatory Self Disclosure, requires that certain documentation be disclosed to the other party within 45 days of service of the summons for a divorce proceeding. The parties may agree otherwise or the court may order a disclosure or non-disclosure. The documentation that must be disclosed is as follows: (1) The parties’ federal and state income tax returns and schedules for the past three (3) years and any non- public, limited partnership and privately held corporate returns for any entity in which either party has an interest together with all supporting documentation for tax returns, including but not limited to W-2’s, 1099’s 1098’s, K- 1, Schedule C and Schedule E. (2) The four (4) most recent pay stubs from each employer for whom the party worked. (3) Documentation regarding the cost and nature of available health insurance coverage. (4) Statements for the past three (3) years for all bank accounts held in the name of either party individually or jointly, or in the name of another person for the benefit of either party, or held by either party for the benefit of the parties’ minor child(ren). (5) Statements for the past three (3) years for any securities, stocks, bonds, notes or obligations, certificates of deposit owned or held by either party or held by either party for the benefit of the parties’ minor child(ren), 401K statements, IRA statements, and pension plan statements for all

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Child Support Guidelines – What are they? How have they changed?

In Massachusetts, the Commonwealth uses Child Support Guidelines to estimate the correct amount of child support to be paid. The amount of support is determined by a set of factors outlined in the Child Support Guidelines and by applying the applicable factors to a Child Support Worksheet. The worksheet is calculated to reflect the amount of money for the benefit of the children that the custodial parent (who the children reside with primarily) will receive from the non-custodial parent. When there is a joint custodial arrangement the worksheet is calculated by having each parent as the recipient and subtracting the difference between the two outcomes. The factors that the guidelines consider are things such as, each parents’ income, the costs for health insurance, the costs for child care, and any other relevant costs. The court can also order the payment of college expense and extracurricular activities. On Friday, September 15, 2017, the Commonwealth will be implementing new Child Support Guidelines. The changes were made by a task force after careful review and consideration of the increased costs associated with raising a child in Massachusetts. Key changes that were made to the guidelines are as follows: 1) Minimum support increased from the 2002 standard of $18.46 per week to $25.00 per week due to an increase in the overall cost of living in Massachusetts since 2002. 2) Actual time spent parenting is not determinative of Child Support. The new guidelines are based on only two scenarios, joint custody and one parent

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Why did I get my license taken away for an Immediate Threat?

If your license was removed for an immediate threat, it typically means there is some sort of precipitating factor that lead the Registry of Motor Vehicles (hereinafter “RMV”) to issue a suspension. In some cases, the suspension is discretionary, meaning that the RMV thinks that your operation of a motor vehicle poses an immediate threat to public safety. The RMV can revoke without notice for an infinite period. Some statutes require the RMV to enforce a mandatory suspension, such as: conviction of a criminal motor vehicle violation, administrative actions regarding alcohol or drugs, conviction of a drug offense with intent to distribute, a suspension issued in another state, and many others. If your license is revoked due to an immediate threat, you would receive notice to your address on record. Additionally, in most cases you are entitled to a hearing with the RMV. A lot of clients ask how they can just revoke the license without any hearing or conviction first. The most important thing to understand with RMV issues is that driving is a privilege and not a right. The RMV operates on a different system than our traditional court of law system. In the court system, you are innocent until proven guilty, but in an RMV system, your license can be taken away and on a later date you can refute the claims and hopefully reinstate your license. If you find yourself in a situation where your license was removed for an immediate threat, call David Gabriel &

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Using Marital Assets to Pay for your Divorce

Can I use money from my joint account to pay for my Divorce? Can I get my spouse to pay for my divorce? The financial part of divorce can be overwhelming to many clients. Many clients did not handle the finances in their marriage, did not work during their marriage, or are generally unaware of what they can and can’t do with joint funds during divorce proceedings. In Massachusetts, when a party files for divorce an automatic financial restraining order is used with the summons that is served on the other party. The automatic restraining order restricts either party from selling, transferring, encumbering, assigning, removing or in any way disposing of any property, real or personal, belonging to or acquired by, either party. However, there are few notable exceptions to this rule, one being that either party can use funds for reasonable attorney’s fees and costs in connection with the action. This means that any joint funds could be used within reason to pay for your divorce. That being said, we often suggest that if a client knows they are going to file for divorce, that they set aside some money into a personal account for fees and costs prior to filing for divorce. This method prevents a potentially contentious argument about using money directly for your joint accounts. Additionally, clients often ask if they can have their spouse pay for the divorce. If there is a large income disparity, the moving party can motion the court pursuant to M.G.L.C

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Can I bring my significant other or children to my court hearing?

This is often a question that clients ask us. The simple answer is no, we advise against it. But you may be wondering why? We advise bringing a significant other or your children to your court hearing for a multitude of reasons. For one, children are often the subject of the hearing and it would be inappropriate and unfair to the child to be witness to the hearing. If the child is not subject to the hearing, we still advise against having them accompany you because you need to give your full attention to your attorney’s and the hearing. We further suggest that that boyfriends and girlfriends are left at home. Again, in contentious cases there are often accusations thrown about regarding your significant other, to have said person present would potentially lead to more conflict and distraction. So remember, as much as we want our clients to have support, it is better for your case if the crowd of supporters is restricted.

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Celebrity’s courtroom antics may have damaged his custody case

The custody trial involving media celebrity Alex Jones ended with the father of three losing physical custody of the children to his ex-wife. It’s a rather dramatic turn-around, given that his ex-wife has had only occasional supervised visitation for the last two years. We’ve previously discussed the question of whether or not the bombastic star of “Infowars” could lose custody of his children due to his on-the-air antics. His attorneys effectively dealt with the question of what their client was really like by trying to distance the man from the media persona he’d created. They were successful at keeping most of the media clips from “Infowars” from being shown in court. What they couldn’t control was their client — his own actions in court may have been the undoing of his defense and destroyed what seemed like a solid footing against his ex-wife’s custody case. When first divorced, Jones had enjoyed the support of a slew of professionals. They had declared his ex-wife’s “emotional dysregulation” a danger to the children, stripping her of most of her time with the children. Somehow, the fact that Jones was diagnosed with narcissistic personality disorder, a serious mental health issue, escaped notice. His ex-wife’s current legal team focused on the media star’s disorder and his determination to keep the children and their mother apart. They said that previous experts had missed the classic signs of parental alienation syndrome, where one parent engages in actions designed to encourage the children to disrespect, loathe and even

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