Previous Next. View Larger Image. You need to login in order to like this post: click here Jurisdictional challenges result when a child or his divorcing parents have contact with more than one state. The only U. What about Massachusetts? The Solution The jurisdictional conundrums of the interstate child could be solved if Massachusetts conforms to the law as it exists in the rest of the country. About the Author: admin. Related Posts. Children Learn From Watching You.
Leave A Comment Cancel reply Comment. Disclaimer: It is important to note that this list is not updated on a regular basis. If you do not see a court that you are looking for, or you are unable to get in touch with any of the courts listed here, you may consider calling an authority in your state to confirm the proper phone number and address. Gants explains the problem as follows:. The inflexibility of the Yannas-Mason framework is on full display in this case where, as in many cases, the parenting arrangement resists easy classification.
Unlike Yannas, this is not a case where one parent has sole physical custody. Nor is it a case like Mason, where the parents share physical custody equally.
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Here, pursuant to the parties' stipulated parenting plan, the child spends approximately sixty per cent of her time with her mother and forty per cent with her father. In practice, the percentage of time spent with the mother was higher because, although the father has a loving relationship with the child, he travels frequently. Based on these and other facts, the judge decided that the mother is the child's primary caregiver and analyzed it — as she is required to do under the court's binary framework — as if it were a straightforward, uncomplicated case where one parent does in fact have sole physical custody.
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Citations omitted. In the concurrence's view, our adherence to the Yannas-Mason framework when deciding this case constitutes an endorsement of an overly formalistic analysis that constrains judges' discretion. And although we do not necessarily disagree with certain of the concurrence's concerns, to the extent we must reexamine the wisdom of the Yannas-Mason framework, we wait to do so in a case where the issue has been raised and briefed by the parties. In short, the majority prefers to wait for a case in which one or both parties fully briefs arguments for and against changing the removal standard.
The decision explains the need for a functional test as follow:. First, "custody judgments issued by the Commonwealth's courts do not consistently utilize" the categorical phrases "sole physical custody" or "shared physical custody" "as defined in G.
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The Miller Court also addressed cases in which custody is not defined by any label at all:. In other cases, such as the instant one, there is no prior custody order to refer to, as a parent's removal request is concurrent with their divorce complaint.
Petition to Remove a Child from MassachusettsBest Boston Divorce Lawyer – Family Law
Still, the same principles apply; in deciding the appropriate removal standard, the judge must focus on "functional," as opposed to technical, "divisions in caregiving and parenting responsibilities. As we have stated, although an existing custody order is of course a common feature of removal cases, the fact that one does not exist does not preclude the application of the appropriate removal standard.
Relocation cases are incredibly difficult for courts to decide because either outcome often includes a devastating blow to one parent. The outcome is hardly better for non-moving parents, for whom a loss often means a huge reduction in parenting time. Obviously, every case is different, and probate court judges need broad discretion to determine what is best in each removal case. Without some structure, every removal case will result in a painful and expensive trial, since neither party will ever know when to settle.
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Massachusetts Child Custody Laws
Chapters If you would like to continue helping us improve Mass. Massachusetts Court System. Massachusetts Law About Massachusetts law about child custody and parenting time A compilation of laws, regulations, cases and web sources on the law of child custody and parenting time visitation in Massachusetts.
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Massachusetts laws MGL c. Selected cases A. Moving away D.
Miller v. Miller , Mass. Smith v. Unmarried mother. Such is the case for a nonmarital child prior to any proceedings to determine paternity or allocate custodial rights.
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