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Tag: family law

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How can I establish paternity if my child’s mother is married to someone else?

A father petitioning for paternity needs to have a full understanding of the legal process. Fathers who are unmarried in the Commonwealth of Massachusetts can establish paternity in two ways. The first route is a voluntary process that utilizes a form known as a Voluntary Acknowledgement of Parentage. This is a document signed by both the child’s mother and father, confirming the singing male is the legal father. This form is typically presented to the

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Divorce When Only One Partner Lives in Massachusetts

Many married couples live separately, even across state lines, for reasons which have nothing to do with the health of their marriage. However, when living across state lines from each other, couples may find their marriage at a crossroads and begin considering divorce. Perhaps distance has created serious problem in the relationship or laid bare preexisting problems. Perhaps one partner has moved away, even across state lines, as part of a trial separation. Or perhaps

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Get the Facts About Parental Rights, Paternity Testing, and Child Support

As far as the Massachusetts courts are concerned, both mothers and fathers have legal rights and obligations when it comes to children. However, a child born to unmarried parents doesn’t automatically have a legal father. The mother is given sole legal and physical custody until paternity is established. For married couples, the husband is presumed to be the biological father and is responsible for financial obligations. As a presumed father, if you believe you are

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Modifying Child Custody Agreements: For Safety’s Sake

Final Judgement, Not Final Word In awarding custody, the goal of a family court, above all, is the safety and wellbeing of the child or children involved. One of these factors is consistency, so courts will be hesitant to change what is called a “final” custody order. While it is possible for later modifications to be made, unless both parents agree to the changes, this is a protracted process. One exception is when there is

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How To Protect Your Children During a Divorce

Children are more intuitive than we give them credit. Divorce takes a toll on every member of the family, but it’s essential to make sure the children understand that the end of your marriage is not the end of the parent-child relationship. Have an Open Discussion Before sitting down with your child to announce the divorce, make a plan with your ex. Let the kids know what is going on with an open discussion as

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Am I Allowed to Date if My Divorce is Pending?

Divorce can be a lengthy process, and for many divorcing couples, the marriage is over emotionally long before a divorce is legally pursued. It’s not uncommon for a spouse to consider dating while their divorce is pending. The short answer to the question ‘to date or not to date’ is that there is no law in Massachusetts that prevents spouses from dating after separating or divorcing. So yes, you are allowed to date when your

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What is co-parenting, and how do we do it once we are divorced?

Co-parenting describes a parenting relationship in which the two parents of a child are not romantically involved but still assume joint responsibility for their child’s upbringing. The extent to which parents can effectively co-parent significantly impacts how children will adjust to the transitions associated with a separation or divorce. Parents are responsible for major-life decisions, like those concerning religion, discipline, finances, morality, recreation, physical health, education, and emergencies. Whether married or divorced, agreement on these

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My ex is refusing to pay court-ordered support. What can I do?

When a divorce is finalized, a divorce decree outlines essential information about the court’s decision. A divorce decree is an enforceable order by the court that both parties are legally mandated to follow. Items outlined can include payment of child support or spousal support, a transfer of property, or specific visitation schedules. Unfortunately, too often, parties neglect or elect to ignore the outlined orders. This can greatly harm the spouse, who is dependent on support.

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Modification of Child Support due to job loss and COVID-19

Times Are Tough The spread of COVID-19 has thrown the certainties of life into disarray. Unfortunately, this uncertainty has had a devastating impact on both the stock market and the everyday commerce that sustains the economy. Freelancers, drivers, hotel and restaurant workers now find themselves physically or legally barred from working. Not only service workers are affected; even people with desk jobs who are able to work from home might find themselves laid-off or furloughed

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Staying Safe and Saying NO to Domestic Abuse During COVID-19

Strict stay-at-home orders implemented for safety have placed abuse victims directly in harm’s way. Safety measures recommended to limit the spread of the coronavirus pandemic have led to a rise in domestic abuse. For many, this is not a surprise as domestic violence goes up whenever families spend more time together. With families in quarantine and isolation worldwide, stress-levels are at an all-time high. The uncertainty of the future can increase anxiety for many. Coupled

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