Fathers’ Rights

Shared custody concern: No one-size-fits-all solution

When Massachusetts parents file for divorce, the primary issue on the table becomes child custody. Those who practice family law assert that child custody cases are among the most highly contentious and contested form of law. Even among couples who have little interest in arguing over issues such as the division of marital property, when it comes to issues surrounding their children, the gloves come off. Some opt for some form of shared custody in an attempt to gain equal parenting time with their children. However, the concept of shared or equal custody is not universally accepted among those who practice or are involved in family law. When it comes to the debate about whether such a practice should be statutorily mandated, many in the profession object. One point of view asserts that there is no such thing as a one-size-fits-all divorce, not should child custody issues be handled in a standardized manner. Each family is unique, and the skills and abilities that each parent brings to the table are also disparate. In the majority of scenarios, it would be far better for the child or children involved to remain in the primary care of the parent best suited to provide for their needs, both financially and emotionally. In addition, in cases in which there are questions of substance abuse, instability or physical or psychological abuse, shared or equal custody just doesn’t make sense. While most states have not embraced the concept of mandatory joint or shared custody, there is

Read More »

Transgender man maintains his father’s rights in custody case

Father’s rights can always be a tough issue in court, no matter the circumstance. But this is especially so for fathers that might be considered non-traditional in many circles. While Massachusetts and a handful of other states currently are leading the way of marriage equality and progress, many other states unfortunately still lag behind. Because of this, it is encouraging to see a judge assert that a transgender man still has father’s rights over his own children. The couple, including a transgender man and a woman, had been married for nine years before they finally divorced. In this span, the couple had three children together, including one which the husband gave birth to in 2008, earning him the title of the “pregnant man”. However, apparently in 2012, the relationship ended when the couple divorced, with the husband citing that his wife had physically attacked him several different times. Though the wife denied this and said that he had attacked her, after looking at the evidence available, a judge issued a restraining order against the wife. In addition, the transgender man has been awarded full custody of his three children in their divorce. Though their mother is allowed to see her children for six hours each week, the parenting time must be supervised. While it is always hard to speculate what would have happened in past decades, it is plausible that, considering the circumstances of this particular situation, the father would not be granted his father’s rights or given custody of

Read More »

Michael Jackson’s bodyguard asserts paternity claims over his son

For Massachusetts fathers, one of their most powerful means they can have to assert their parental rights is through paternity claims. Once initiated, an investigation whether the paternity claim is true can commence. If the claims are corroborated, this can allow for child custody changes or visitation to be modified accordingly so that the father can then share in his child’s life, depending on the facts and circumstances surrounding the case. The power of these claims can especially be seen in a new development in which a former bodyguard of Michael Jackson has stepped up and asserted paternity claims for one of Michael Jackson’s sons. The bodyguard claims that he is biological father of Blanket, Michael Jackson’s youngest son, and he would like to have visitation rights. In particular, he would like his terminally ill mother to be able to meet her alleged grandson before she dies. The bodyguard claims that he donated sperm for Michael Jackson to use when Michael Jackson expressed interest for an athletic child. Later, when the bodyguard met with Michael Jackson, the bodyguard asked whose child the boy was, and Jackson purportedly admitted that the sperm he used for the child was the bodyguard’s. The Jackson family, understandably, are wary of the claim. The bodyguard claims that he has no financial incentive for the child because he states he is already financially successful and that he doesn’t want anything but visitation rights with Blanket. He will provide his DNA for a paternity test and ask

Read More »

Boston residents learn of one lawmaker’s view on civil unions

With this year’s elections hot on the horizon, many politicians are working the circuit to plug their parties’ political agenda and push new legislation and/or alter existing laws. One of the focus areas for many lawmakers has been the topic of same-sex marriage and divorce. While more states are passing laws to allow same-sex marriage or civil unions, it still remains a heated topic for many states throughout the nation. In New Hampshire, one state lawmaker has his own vision for how to get rid of the 2010 gay marriage law. He has sponsored a new bill that would give voters the opportunity to cast their vote on a nonbinding ballot question. The issue at hand for voters to decide, if his bill passes, is whether New Hampshire should give new life to a 2007 law on civil unions. State Representative David Bates (Rep.) proposes the repeal of the gay marriage law on March 31, 2013, and its replacement by civil unions. These were defined in the law by a 2007 bill. Also, Bates wants to leave it up to NH voters if homosexuals could legally obtain a civil union, but the gay marriage law would cease to exist. In fact, if this amendment went through, the existing definition of marriage would be worded to be “between one man and one woman.” Bates calls the state’s current definition of marriage an “illegitimate definition.” Those against the change feel that the proposal is discriminatory and posed to take away the rights

Read More »

Boston spouses and parents should beware Smartphone use

Amidst the evolution of evidence introduced in Massachusetts’ divorce matters, some parents find that what they post online or text message to friends or family can impact custody decisions in court. In fact, the contents of the other parent’s Smartphone may provide key substantiation of improper conduct. These new devices and online venues have forced divorce attorneys to become more ingenious in their discovery efforts during their client’s divorce case. A Smartphone is a treasure trove of personal data that can be stored for long periods of time, even years, and can reveal much about the other parent’s moral character and activities. A recent news article discussed the kinds of information that divorce attorneys can use by obtaining evidence from the other parent’s Smartphone use. In addition to storing content like photos and videos, Smartphones might contain a user’s Internet browsing history, calendar entries, calling history, and other information about the user’s activities. One of the biggest things that individuals should be aware of, that could interest the other parent’s attorney and the family law judge, is what they are saying about the other parent. This can be an important deciding factor in a child custody case. Information about the other parent could take many forms, including the contents of text messages, voicemail messages, emails, and social media posts. There are other types of information that can affect the outcome of a divorce case. The former spouse’s divorce lawyer will be searching for evidence, depending on the state, of another

Read More »

Boston father’s obligation to pay upheld by courts

If a woman gives birth to child after she and her husband separate, the husband can still be held financially responsible for the baby. This was the case of a Massachusetts man whose estranged wife gave birth to twins after an in-vitro fertilization involving donor eggs and donor sperm. According to court reports, in 2001, the wife threatened to “withdraw her support for his citizenship application” unless he consented to the procedure. The husband agreed to the IVF procedure provided that she signed an agreement that he would not be have to pay child support for any children she gave birth to. The couple separated shortly thereafter. The court ruled that the father was still financially responsible for the children, twin girls born in 2003. While the in-vitro procedure took place the couple after was separated, the decision to have the children occurred while they were still together. The Massachusetts Appeals Court said, “Simple consent to the procedure is enough to confer parental status.” It is wise for fathers to understand their rights when it comes to having children. This includes whether they will be required by law to provide financial support them even when they are no longer in a relationship with the children’s mother. Some divorce attorneys specialize in different types of family law, including paternity and child support. In this case, the man would have benefited from legal advice before continuing to give his consent to his wife’s in-vitro fertilization treatment. This case began in 2006 when

Read More »

Boston father fights to retrieve sons from Egyptian mother

For divorcing couples in the same city or state, coming to terms with shared parenting can be difficult. However, those challenges can increase dramatically for couples from different countries. For one Boston father, his concerns for his sons’ safety and well-being are in the forefront for many politicians aiding the father in his efforts to retrieve his two sons from Egypt after they were illegally taken from the country by their Egyptian mother. And this father is not alone in his plight. He is one of many U.S. fathers caught up in the wake of international child abductions, fighting to regain custody from countries such as Japan and Egypt, that do not acknowledge the Hague Convention. In 2008, the Boston dad was granted sole legal custody of his sons when he and his ex-wife divorced. The boys’ mother has dual citizenship; British and Egyptian. She was only given limited visitation, initiating the catalyst towards the subsequent kidnapping. Prior to picking up his sons from visiting their mother in 2009, he received a phone call telling him that his sons had been taken to Egypt. The mother had acquired false passports for the boys. Divorced parents are required to provide dual parental consent forms prior to traveling with children overseas. However, EgyptAir states that they only are “required to review passports” and that due to the lack of support staff cannot contact “non-traveling” parents to confirm international travel plans with them. Sadly, since 2000, international child abductions have tripled in the

Read More »

Father’s rights claims heard by Supreme Judicial Court

Father’s rights issues continue to be pressed in Boston and Massachusetts courts, particularly in the area of child custody and support. Recently, a constitutional challenge was made to the state child support guidelines, which were adopted in 2009. The basis of the challenge was that the guidelines were promulgated by the state judiciary behind closed doors, when their enactment should be solely within the province of the state legislature. The father’s rights group which filed the lawsuit also argued that the guidelines unfairly penalize the children of a subsequent marriage by providing for excessive payments for children of a prior relationship, thus leaving little for the basic needs of later-born children. The lawsuit sought a declaratory judgment, which is a court order spelling out the rights, duties and obligations of one or more parties without specifically ordering any action to be taken. Earlier this month, the Supreme Judicial Court of Massachusetts upheld the child support guidelines unanimously, concluding the legislature had specifically granted authority to the judiciary to set child support guidelines in 1986. It held that declaratory judgments are not permissible under the law in actions against the judiciary. The court further held that the issue was not one to be addressed on a statewide basis. Rather, the litigants to any child support proceeding have not only the right to be heard, but also the right to make constitutional arguments in the proceedings to which they are a party. The court observed that parties to those child support proceedings

Read More »
Ask a question…
close slider

Life Complicated?
We Can Help

Fill out the form below and tell us your story.

Call Now Button