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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Same-sex couple’s divorce paves way for gay marriage rights

While Massachusetts is a notable exception, most states do not recognize same-sex marriages to be valid. Instead, they often insist that marriage should only be between a man and a woman and impose various legal restrictions to keep it that way. For many same-sex couples living outside of Massachusetts as well as other states that allow gay marriage, this can be a huge source of frustration. Same-sex couples who reside in states who do not recognize their marriage have been caught up in a marital discord limbo while fighting for their rights to divorce. However, there are indications that many states are recognizing the downside to these limitations and are beginning to permit the dissolution of same-sex marriages. Some states are beginning to allow same-sex couples many of the same rights and privileges as the more traditional marriages surrounding issues such as child custody and divorce, among others. States who do not recognize same-sex marriages argue that if they permit a same-sex divorce, by default they are acknowledging the legitimacy of the marriage. In recent news, Maryland’s Court of Appeals ruled unanimously that if a same-sex couple resides in the state and was legally married in another jurisdiction, they can receive a divorce in Maryland. For many supporters of gay marriage, this change is regarded as a victory. After all, they argue that before gay marriage can be legalized for any state, gay marriages must be recognized as valid. They feel that divorce is one way in which a state

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Why divorce for Boston’s same-sex couples is both more and less complicated

Massachusetts is one of the few states in the U.S. that allows same-sex marriage. Regardless of how you feel about that, it is true that allowing same-sex couples to marry can greatly simplify some legal aspects of their lives together. One of those aspects is the end of the relationship, be that by divorce or the death of one of the partners. Take the case of two men from Minnesota. Although the partners of 25 years were married in San Francisco, Minnesota did not recognize their union. So when one of the men died unexpectedly at 46 without a will, the state’s default estate plan meant that his partner did not have legal standing the same way a wife would and thus did not automatically inherit anything. The surviving partner is now locked in a prolonged and complicated court battle in an attempt to recover what he believes should be his. Although such a scenario would not play out in Massachusetts, that doesn’t mean we have all legal elements relating to same-sex marriage smoothed out completely. If a same-sex couple wants to get a divorce, it can be trickier than a divorce for a heterosexual couple for several reasons. For example, because gay men and women were not allowed to marry in our state for so long, many couples have been unmarried partners for a long time, which makes their marriages look artificially short. That has implications for things like property division and spousal support. Finding an attorney who understands

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Woman claims soon-to-be-ex spent $850,000 to earn mistress commission

Boston shoppers who patronize the fancy department store Neiman Marcus (even if it’s just to look, rather than to buy) know that the luxury goods retailer is famous for its generous return policy. But that return policy is not good enough for one woman, who is angry that Neiman Marcus won’t let her return about $1.4 million in gifts from her soon-to-be-ex-husband. The woman, who is in the process of getting a divorce, believes that her husband purchased the items for her from a store employee with whom he was having an affair. She feels that he purchased the items not to make her happy, but to earn the employee a generous commission. This woman has sued Neiman Marcus over the issue and although her lawsuit is against the store and not against her husband, it is worth considering from a family law and divorce perspective, too. The woman claims that her husband went from spending about $100,000 per year at Neiman Marcus before he began having the affair to spending around $850,000 after the affair began. She says she did not know about the spending. In other words, what we have here is an issue in which one spouse’s dramatic spending was kept secret from the other and, obviously, that kind of spending can seriously deteriorate one’s financial condition, especially when you must go through the process of dividing up martial assets (like cash-on-hand) into separate assets. We do not know if this lawsuit will be successful, but it

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A greater number of women are paying alimony to their husbands

Alimony and child support in the past has been traditionally seen as something that men pay to their ex-wives. In this traditional role, women were expected to stay at home and take care of the children, and thus needed to be financially supported after a divorce. However, with gender equality becoming more widespread in Massachusetts and elsewhere, alimony and child support are now awarded to the husband in many cases. A nationwide study shows that divorce lawyers across the United States, including in Massachusetts, have seen an increase of women who pay alimony or child support to their former husbands. Around 56 percent of divorce lawyers report that they’ve seen more women paying child support and 47 percent report a higher rate of women who pay alimony to their former husbands. The reason behind this shift is simple: as women take over the financial responsibilities that were once the sole responsibility of men, courts are holding them to the same responsibilities that husbands alone used to face. This is especially true as many women are able to find higher paying jobs than their husbands in this bad economy. As can be imagined, not all women are happy about having to pay either alimony or child support. In several high-profile cases, several women had bitter disputes in divorce courts over this matter. However, even though many women can feel unfairly treated as they are ordered to pay alimony and child support, this shows a huge step for gender equality has happened.

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Same-sex couples rights affirmed when lesbian mom files paternity

Unfortunately, same-sex couples’ rights are sadly lacking in many parts of the country. While in Massachusetts, same-sex marriage is allowed and seen positively, in other places many of the same-sex couples’ rights are denied. Fortunately, in one state, clear progress can be seen when a lesbian mother has been allowed to file a paternity suit for her child in a groundbreaking case. Two lesbians had decided to make a family in 2006 in which they would adopt two biological daughters. Because at that time their state didn’t allow them to adopt the children as a lesbian couple, they each legally adopted a girl and raised the two together. However, in 2009, all of this changed. After the women decided to separate, one of the women moved to Norway, taking her legal daughter and leaving behind the girl’s sister and her shocked ex, who had not expected this drastic move. The two sisters didn’t even have the chance to say goodbye to one another. After investigating the various legal options available to her, the woman in the United States, fought for child custody by filing a paternity suit. While paternity suits are typically filed by fathers seeking to spend time with their children, a state law had passed which allowed for non-biological fathers to seek custody. After discussing the case, a judge ruled that the paternity suit was valid since it would be discriminatory to allow non-biological fathers to sue but not non-biological mothers. Massachusetts has traditionally been ahead of the

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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

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Private eyes get involved in Massachusetts alimony cases

For Massachusetts residents who are receiving alimony checks, it may be a good idea to look around your surroundings a little bit closer. Someone may be watching you. Interestingly enough, your behavior could have an impact on the status of the alimony payments you currently receive. In the past, alimony payments could be stopped when the ex-spouse who received payments was remarried. However, with shifting societal attitudes toward marriage and relationships, many unmarried couples live with each other and some couples never intend to get married. This, in turn, could cause problems for ex-spouses who are ordered to pay alimony to their former spouses who may be living with another partner without the intent to marry. Massachusetts Governor Deval Patrick signed a bill into law that included provision that says that if the former spouse who is receiving alimony is proved to be living with another adult, a family court judge has the option to decrease, suspend or end alimony payments. However, when the governor signed this bill in late 2011, he probably had no idea that the new law would create a boom for private investigators. Because of the rules, those who believe their alimony payments are unfair have the ability to hire a private investigator to determine their former spouse’s relationship status. At the moment, there is a lot of discussion as to whether or not these practices are ethical. Yet there is currently nothing that makes the use of private investigators in alimony disputes illegal, so courts

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