Custody rights affected by choice of venue

When a Massachusetts couple divorces, child custody issues often sit at the top of the list of priorities, and for good reason. Hammering out the details of who will hold legal and physical custody of shared children is an important consideration when a family is divided, and can lead to a great deal of strife concerning custody rights during divorce. However, in an ironic twist, some of the most devastating child custody fights can come from a divorce that was amicable and relatively easy. When a couple goes through a simple and cooperative divorce, it can seem as if child custody matters will not become an issue. The parties might agree between themselves that the child or children are best cared for by one parent, with the other remaining involved through frequent visits. This scenario may even play out amicably for years. However, if one party changes their mind and brings a child custody action against the other, the status quo can be drastically altered, and the children can suffer. One example might be when parents divorce and the noncustodial parent moves to another state. After a number of years, he or she might remarry and wish to have the child live with them. During a visit, that parent could begin a child custody action in his or her state of residence, and ask that the child not be permitted to leave the state until the case is resolved. While the other parent would still be able to visit with

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Financial needs may be met with a January divorce filing

Now that the holidays are behind us, many people look forward to the coming year with thoughts on goals, hopes and resolutions. For some Massachusetts spouses, years of living within an unhappy marriage will lead to a decision to file for divorce in 2013. Luckily, there are a number of reasons why January is an ideal time to file for divorce, and to address each spouse’s financial needs. One positive factor for filing in the early days of a new year involves tax advantages. While there have been few benefits of a January filing in years past, a change in tax brackets in 2013 could change things for some couples who divorce in the coming year. For example, a spouse who will be required to pay alimony will see better deductions by filing early, and the spouse who receives alimony will have a higher tax burden. Another consideration involves waiting to make a decision about divorce until after the holidays. Christmas can be stressful, and adding discussions about ending the marriage can only serve to add to that stress level. For couples with children, the news of a split may be better received at a less hectic time. There are also the reactions of extended family members to consider. For many couples, the holidays are not an optimal time to begin the divorce process. Perhaps the reason most January filers choose this time of year is simply the new start that a new year brings. While divorce is unarguably the

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Supreme Court to hear case on international custody rights

Child custody actions are among the most contentious and emotionally charged types of cases heard by family courts, in Massachusetts and elsewhere. When those cases involve an international custody rights twist, the legalities become far more complicated, and many would argue that the stakes are higher for the parent who faces being left behind when a child relocates abroad. One such case is now before the U.S. Supreme Court, and the outcome will clarify the ability of courts in our country to hear appeals in cases in which the child is no longer on American soil. The case centers on an American father who is a member of the U.S. Army. He met and married a Scottish woman, and the two had a daughter together. Their marriage has a troubled history, and they are moving toward a divorce. They have also been struggling in court over the care and custody of their little girl. In Oct. 2011, a judge ruled that the child be returned to her mother’s care in Scotland. The father had asked that he retain custody of the child in the U.S., but the court ruled that he failed to prove that the child was a habitual resident of the United States. The father appealed that decision, but his appeal was dismissed on the grounds that the U.S. courts lack the ability to rule on an appeal that was entered after the child has left the country. As this case moves forward, the Supreme Court will consider

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Illegal immigrants face the risk of losing custody rights

Immigrants come to American for a wide range of reasons, many of which are not so different from those that brought our own ancestors to these shores. Employment opportunities, freedom from religious persecution and participation in an established economic system are all motivating factors that prompt a steady flow of immigrants, both legal and illegal, to settle in Massachusetts and other states. However, for those who have their families while in our country, their custody rights could be called into question. A recent child custody case illuminates the unique challenges facing parents who are also illegal aliens. A Mexican father has been involved in a lengthy court battle to regain his custody rights to his three young sons. Following his deportation in 2010, the boys were in the care of their mother, and American citizen. However, when she was deemed unfit to raise the children, they were removed from the home and placed in foster care. He has been fighting to get them back ever since. A judge recently ruled that the father is to be reunited with his boys. They will remain in the country for a short time, after which the court will make a final determination in regard to his parental rights. He is hoping to return to his family home with his sons, and raise them with the help of his extended family in Mexico. As this case demonstrates, foreign nationals who face challenges to their custody rights often fight an uphill battle. Unfamiliarity with the

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The holidays can lead to co-parenting challenges

When families are divided by separation or divorce, parents often struggle over the care and custody of their children. Many custody issues will be worked out during the divorce or child custody proceedings, but reaching an agreement does not always mean that the terms will remain acceptable over time. The holidays often bring out or heighten existing disputes over custody, and can lead Massachusetts parents to struggle and fight over custody rights as they pertain to holiday celebrations. There are a number of ways to handle the holidays when multiple families are involved. In the most cooperative of cases, families are able to celebrate at least part of the holiday together, in much the same way that holidays were handled while the family was intact. This can even include the participation of both extended families. This type of arrangement, however, is rare. More often, the holidays will be divided between parties, with children shuttled back and forth between multiple households. This can be a stressful time for children, and can alter the way that they feel about the holiday season. Parents should try to work together to determine a holiday schedule that puts the needs of the child or children at the forefront. Unfortunately, in many cases existing tensions and old resentments between parents prevent this type of collaborative approach. In such circumstances, it may be advisable to approach a family court to have the holiday schedule determined or augmented. Courts in Massachusetts and elsewhere are willing to consider custody

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2013 brings new change to existing alimony laws

This year changes pertaining to the current alimony laws in Massachusetts were announced. These changes could directly affect many divorced individuals in the Boston area and throughout the state who are currently paying (or receiving) alimony. The law is scheduled to take effect on March 1, 2013. The new laws apply to couples who were married 20 years or less. These changes could affect many divorced retirees who are currently paying spousal support. The result could mean that their current obligation will be reduced or even eliminated altogether. At this time, there are various forms of alimony that can be ordered during a divorce. For example, one type is known as transitional alimony. This form is for couples whose marriage did not make the five-year mark. Its intention is to provide a financial “transition” from the lifestyle the obligee (spouse receiving payment) became accustomed to during marriage to that of a single wage household. Another form of alimony is referred to as rehabilitative alimony. This form of support assists the recipient in learning new job schools either through training or education so he or she can become “economically self-sufficient.” Finally, there is reimbursement alimony. The obligor (the person paying alimony) is responsible for reimbursing the obligee for his or her contribution to the marriage through a one-time payment or a series of periodic payments. This form of spousal support is also for marriage of less than five years. There is also what is referred to as general term alimony. This

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Older Massachusetts couples face unique property division needs

When older people divorce, the process can be very different from the experience a younger couple might have. Some issues are easier to handle between aging partners, such as a lack of contention surrounding child custody and support. Other issues, however, become far more complicated when a Massachusetts couple has been married for a lengthy period. Among these are complex choices concerning property division. As we age, people tend to accumulate more in the way of assets. These can be tangible assets such as furniture or real estate, or monetary assets such as investment or retirement accounts. By the time many people near or reach retirement age, there are more family assets to divide. At the same time, however, there is also a greater need to make savvy financial decision, as the implications will be felt more acutely in the retirement years when earning potentials tend to decrease. Older couples must ensure that they begin the divorce process with a comprehensive understanding of where their family finances stand. This includes an accounting of not only all of the familial assets, but also of all outstanding debts held by both parties. In addition, it is imperative to fully understand each spouse’s retirement savings, as well as how those assets should be divided. When filing for divorce late in life, the process can feel overwhelming. This is especially true for spouses who have been married for the vast majority of their adult lives. Starting over can feel like a scary prospect, which

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Celebrity custody relocation ruling a win for fathers’ rights

In Massachusetts and across the nation, men continue to struggle with issues related to the care and custody of their children. Although the American legal system has come a long way in recognizing the essential role that men play in the lives of their children, many fathers still face an uphill battle in family court. One recent celebrity fathers’ rights case is making headlines, and represents a legal scenario that many fathers face. Movie star Halle Berry and former partner Gabriel Aubry recently ended a long and contentious custody battle over their 4-year-old daughter. That fight flared up again when Berry asked the court for permission to relocate with her daughter to France. The actress argued that she and her child would be safer in France due to the fact that two men who had stalked and threatened her are now free. Aubry argued that such a move would lead him to have limited access to his daughter. He stated that Berry’s intent was to estrange the two. A judge agreed with Aubry, denying the motion and putting a stop to the move. There is no word on whether the actress plans to appeal the ruling. Many Massachusetts parents face similar circumstances, although often to less glamorous locations. When a custodial parent wishes to move a child or children out of the area where the other parent resides, the issue can often lead the former couple back to family court. This scenario is not uncommon, and is a serious issue

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