Do a Child’s Preferences Influence Child Custody Decisions in Massachusetts?

David M. Gabriel & Associates

When determining child custody arrangements, Massachusetts courts prioritize the best interests of the child. A child’s preferences can play a role in these decisions, but the extent of their influence depends on various factors, including the child’s age, maturity, and the overall circumstances of the case. We discuss how courts weigh a child’s preferences in custody matters, the legal framework guiding these decisions, and examples of cases where a child’s input may significantly affect the outcome. Legal Standards in Massachusetts Custody Cases Massachusetts law emphasizes the importance of creating custody arrangements that serve the best interests of the child. The court evaluates a range of factors, such as: Parental Fitness: The ability of each parent to provide a safe, stable, and nurturing environment. Child’s Relationship with Each Parent: The emotional bonds and history of caregiving between the child and each parent. Stability and Continuity: The importance of maintaining consistent routines, schooling, and community connections. Health and Well-being: The physical and emotional health of both the child and the parents. Child’s Preferences: When appropriate, the court considers the child’s wishes, particularly for older or more mature children. How Courts Evaluate a Child’s Preferences A child’s preferences are not the sole determining factor in custody cases but can be persuasive under certain conditions. The court assesses these preferences based on: Age and Maturity: Older children who demonstrate a clear understanding of their circumstances may have their opinions given greater weight. For example, a 15-year-old’s wishes are likely to carry more influence than those of a 7-year-old. Reasoning Behind

How Does Domestic Violence Affect Child Custody and Parenting Time in Massachusetts?

David M. Gabriel & Associates

Domestic violence has a profound impact on families, particularly when custody and parenting time decisions are involved. In Massachusetts, courts prioritize the safety and well-being of children when determining custody arrangements. When allegations of domestic violence arise, judges take them seriously, as the presence of abuse can significantly affect the outcome of custody cases. Understanding how domestic violence influences these decisions can help parents navigate the legal process and protect their children. The Best Interests of the Child Standard in Massachusetts Massachusetts law considers the “best interests of the child” as the primary factor in custody determinations. Courts evaluate a variety of factors to ensure that the custody arrangement supports the child’s safety, emotional well-being, and overall development. When domestic violence is present, it becomes a critical consideration in determining what arrangement will best serve the child. Judges assess the nature and severity of the violence, including whether it occurred in the child’s presence or impacted their emotional health. Evidence of abuse, such as restraining orders, police reports, or witness testimony, can weigh heavily in custody decisions. Courts may also consider whether the abusive parent has taken steps to address their behavior, such as completing counseling or anger management programs. How Domestic Violence Influences Custody and Parenting Time When domestic violence is a factor, the court often limits the abusive parent’s access to the child to protect their safety. This may include supervised parenting time, restrictions on overnight visits, or, in extreme cases, denial of parenting time altogether. Massachusetts law allows judges

How Is Child Support Enforced in Massachusetts?

David M. Gabriel & Associates

In Massachusetts, child support is a legal obligation designed to ensure that children receive financial support from both parents, regardless of their living arrangements. However, when one parent fails to fulfill their obligation, it can put significant strain on the custodial parent and jeopardize the child’s well-being. Fortunately, Massachusetts offers several legal mechanisms to enforce child support payments. This article explains how child support enforcement works, the penalties for non-compliance, and steps parents can take to ensure payments are collected. How Child Support is Calculated and Ordered Before diving into enforcement, it’s essential to understand how child support is calculated in Massachusetts. The state uses a standardized formula called the Child Support Guidelines to determine the amount of support owed. These guidelines take into account factors such as both parents’ incomes, the number of children, health insurance costs, childcare expenses, and the amount of time the child spends with each parent. Once a child support order is issued by the court, the non-custodial parent must make regular payments. These payments are often deducted from their wages through income withholding, ensuring that support is paid consistently and on time. However, not all parents comply with these orders, and when payments are missed, enforcement actions may be necessary. The Role of the Department of Revenue (DOR) in Child Support Enforcement In Massachusetts, the Department of Revenue (DOR) Child Support Enforcement Division is the primary agency responsible for ensuring that child support payments are made. The DOR has a variety of tools at

What Are Temporary Orders in a Massachusetts Divorce Proceeding?

David M. Gabriel & Associates

Divorce proceedings in Massachusetts can be complex and lengthy, often requiring immediate attention to various urgent matters before the finalization of the divorce. To address these immediate needs, the Massachusetts courts may issue temporary orders. These orders are designed to provide short-term solutions to pressing issues related to child custody, support, and property management. Purpose of Temporary Orders Temporary orders serve as interim rules that both parties in a divorce must follow until the final orders are issued. These orders are crucial because they help maintain stability and order during the tumultuous period of divorce proceedings. They cover a range of issues, including but not limited to child custody and visitation, child support, spousal support, and the use of marital property. Applying for Temporary Orders In Massachusetts, either party in a divorce can file a motion for temporary orders shortly after filing for divorce. This motion must specify the issues needing immediate attention and the proposed resolutions. For example, a parent may request temporary custody of the children or seek financial support to cover household expenses. The court usually schedules a hearing where both parties can present their arguments. It’s essential for individuals to prepare adequately for this hearing, as the decisions made can significantly impact the dynamics of the divorce proceedings. Common Issues Addressed by Temporary Orders Child Custody and Visitation: Temporary orders can establish who the children will live with during the divorce and how visitation with the non-custodial parent will be handled. Child and Spousal Support: These

What Does Contempt of Court Mean in Massachusetts Family Law?

David M. Gabriel & Associates

Contempt of court is a serious issue in family law cases that can have significant consequences for the parties involved. As Massachusetts family law attorneys, we discuss what it means to be held in contempt of court, provide relevant information specific to Massachusetts laws and regulations, and offer a few examples and potential remedies for typical contempt situations. What is Contempt of Court? Contempt of court occurs when an individual willfully disobeys a court order or shows disrespect to the judicial process. In the context of family law, this often involves violations of orders related to child support, alimony, custody, visitation, or property division. Contempt can be either civil or criminal, with different implications and remedies for each. Civil vs. Criminal Contempt Civil Contempt: The primary purpose of civil contempt is to compel compliance with a court order. It often involves sanctions such as fines or imprisonment until the offending party complies with the order. Criminal Contempt: Criminal contempt is punitive and seeks to punish behavior that disrespects or defies the authority of the court. It can result in fines, imprisonment, or both. Massachusetts Laws and Regulations In Massachusetts, contempt proceedings are governed by specific statutes and rules. According to Massachusetts General Laws Chapter 215, Section 34, the Probate and Family Court has the authority to enforce its orders through contempt proceedings. The Massachusetts Rules of Domestic Relations Procedure also provide guidelines for filing and prosecuting contempt actions. Typical Contempt of Court Situations in Family Law Child Support Non-Payment One of the

How Does Same-Sex Divorce Work in Massachusetts?

David M. Gabriel & Associates

Since Massachusetts became the first state in the nation to legalize same-sex marriage in 2004, thousands of couples have built lives together under the same legal protections as opposite-sex spouses. However, when a same-sex marriage ends, the process of divorce can present unique emotional and legal challenges. While the law treats all marriages equally, certain issues—such as asset division, child custody, and the marital home—can be more complex depending on how long the relationship existed before marriage equality was recognized. Understanding the legal landscape and planning strategically can make a significant difference in achieving a fair outcome. Asset Division and Property Rights Massachusetts is an equitable distribution state, which means marital property is divided fairly, though not necessarily equally. For same-sex couples, the challenge often lies in determining when “marital property” begins—especially if the couple shared assets long before they were legally permitted to marry. Courts generally consider assets and debts acquired after the marriage date as marital property, but they can also consider contributions made before marriage when deciding what is fair. To protect your interests, it’s important to document financial contributions, asset growth, and joint investments over time. Retirement accounts, real estate, and jointly owned businesses can be particularly complex to divide. Working with an experienced Massachusetts family law attorney ensures that all relevant financial details are identified and valued accurately during the divorce process. Child Custody and Parental Rights For same-sex couples with children, child custody is often the most emotionally charged part of divorce. Massachusetts courts determine custody based on the best interests

Division of Marital Assets in Massachusetts: Protecting Your Financial Interests

David M. Gabriel & Associates

One of the most critical aspects of divorce proceedings is the division of marital assets. In this article, we provide helpful and informative content on how Massachusetts law handles the division of marital assets and how you can protect your financial interests during this process. Understanding Marital Assets Before we delve into the division process, it’s essential to understand what constitutes marital assets. In Massachusetts, marital assets are generally considered to be any property or debts acquired during the course of the marriage. This includes real estate, bank accounts, retirement funds, investments, businesses, vehicles, and personal belongings, among others. However, it’s crucial to note that not all assets are automatically considered marital. Assets obtained before the marriage, inheritances, and gifts specifically given to one spouse are typically considered separate property and may not be subject to division. Nevertheless, commingling of separate and marital assets can complicate matters, making it crucial to seek professional advice to distinguish between the two. Equitable Distribution in Massachusetts Massachusetts follows the principle of “equitable distribution” when dividing marital assets. This means that assets are not necessarily divided 50/50 but in a manner deemed fair and just by the court. In determining what is equitable, the court considers various factors, including: Length of the Marriage: The duration of the marriage can influence how assets are divided. Longer marriages may result in a more even distribution. Contribution to the Marriage: The court assesses the financial and non-financial contributions of each spouse to the marriage. Contributions can include

Massachusetts SJC Changes Alimony and Child Support Calculations

David M. Gabriel & Associates

The Supreme Judicial Court’s recent decision in the case of Cavanaugh v. Cavanaugh has had a major impact on how alimony and child support are calculated in Massachusetts family court cases. The court’s decision, which was issued in June 2022, has revised the way in which income is considered when determining support payments, and has introduced a new approach to calculating alimony and child support in cases where both elements of support are involved. One of the key changes brought about by the Cavanaugh decision is the inclusion of employer contributions to retirement as income when determining support payments. This decision has significant implications for those who are going through a divorce, as it will impact the amount of support that is paid. Those who are seeking support payments, or who are going through a divorce, should understand the implications of this decision and be prepared to consider the impact of employer contributions on their support payments. Calculating Alimony and Child Support Another important aspect of the Cavanaugh decision is the introduction of a new approach to calculating alimony and child support in cases where both elements of support are involved. Previously, child support was calculated first, which often made an alimony calculation unnecessary. However, under the Cavanaugh decision, alimony should be calculated first. This new approach involves adding the alimony payment to the payee’s income and subtracting it from the payor’s income, and then using these new incomes to run the Child Support Guidelines. In September 2022, the SJC

David M. Gabriel & Associates

Do a Child’s Preferences Influence Child Custody Decisions in Massachusetts?

How Does Domestic Violence Affect Child Custody and Parenting Time in Massachusetts?

How Is Child Support Enforced in Massachusetts?

What Are Temporary Orders in a Massachusetts Divorce Proceeding?

What Does Contempt of Court Mean in Massachusetts Family Law?

How Does Same-Sex Divorce Work in Massachusetts?

Division of Marital Assets in Massachusetts: Protecting Your Financial Interests

Massachusetts SJC Changes Alimony and Child Support Calculations

Categories

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help