child custody

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

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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

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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

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Child custody should not be a battle

Oftentimes in Massachusetts, father’s rights are overlooked or taken for granted. But most people agree that it is equally important that both parents have a solid influence on the child’s life, despite a divorce. For many, child custody is shared between both parents, with one parent taking on the role of the custodial or primary parent. Still, when it comes to father’s rights, there are many things divorced couples can do to ensure they maintain the best interests of the child through the involvement of both parents. No matter which guardian is the custodial parent, it is important for both sides to work together despite the divorce. Getting a divorce is not something to be ashamed of, but it is important not to use the children as pawns or tools to inflict pain on the ex-partner. Parents will be best served to do their best to maintain a mutual agreement in terms of both the mother’s and the father’s rights. It has been said by many experts that a solid routine is beneficial to children regardless of where they reside. If a custody agreement for parents’ rights includes weekly visitation, it is also considered to be helpful to establish a predictable routine that includes holidays and vacations. It is also imperative that the parents establish and maintain a rule set that coincides with both homes as best as can be done. This allows for open communication when serious issues arise, such as problems at school — without disparity between ‘how

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