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Family Law Archives

Co-parenting and nesting

Handling the business of parenting with an ex-spouse can be difficult, especially if the divorce was contentious. The children also may be affected emotionally and physically by the divorce. However, divorced parents in Massachusetts should know that their children may benefit from a relatively new form of co-parenting called nesting.

How to handle false child abuse allegations

As awareness of child abuse in Massachusetts and elsewhere increases, more reports of possible abuse are being made. While this may be an effective way to protect children, not all reports are accurate or can be substantiated. In some cases, these claims are made by those going through a divorce who wish to influence the outcome of a child custody case.

Staying together or seeking a divorce

Many myths about the divorce rate make Massachusetts couples who are having problems feel like it is easier to give up as so many unions seemingly fail. One may want to instead look at the specific reasons that the marriage is failing, as sometimes things can be worked out.

Summer vacation plans and divorced parents

In the spring, divorced parents in Massachusetts should start thinking ahead to their summer plans. There may be a number of changes in children's schedules with more and different activities in comparison to the regular school year. Writing specific summer vacation plans into the parenting plan can help prevent conflict.

How retirement accounts are divided in divorce

Retirement accounts are one type of property some Massachusetts couples may need to divide in a divorce. To divide retirement accounts, it is necessary to complete paperwork to ensure that tax penalties are not levied. For an individual retirement account, a transfer incident is necessary. For an employer-sponsored plan or a 401(k), a Qualified Domestic Relations Order must be prepared.

The rights of grandparents in Massachusetts

Divorce affects more than the two spouses that are going their separate ways, especially when children are involved. While Massachusetts parents are drawing up their custody and visitation arrangements and going through mediation or litigation to finalize orders, grandparents often have their own concerns about their grandchildren.

Who gets custody of embryos in a divorce?

As more and more people postpone having children, embryo freezing has been increasing in popularity. The process of freezing an embryo means that an egg is fertilized through in vitro fertilization by either a partner’s or a donor’s sperm. The embryo is then frozen until the woman or the couple is ready to be pregnant. Embryo freezing has raised complicated legal and moral dilemmas—many of which have not yet been addressed by the law. One question that has been raised is who gets custody of embryos in a divorce?

Does Massachusetts recognize grandparents' rights to visitation?

Massachusetts recognizes that maintaining the relationship between children and their grandparents is appropriate when it is in the best interests of the children to do so. Grandparents’ rights to visitation are not, however, without limitations and restrictions.

Pets and divorce in Massachussetts

Although many people consider their pets to be a part of their family, courts view pets as personal property, subject to division in a divorce just like any other asset. Pet owners may fiercely litigate regarding who will be awarded their pets, and courts across the country have come up with often conflicting rulings regarding them.

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