Since Trump took office, I have had a surprising number of same sex couples come to me seeking adoption of their children by the non biological parent. As many of you know, same sex Marriage is recognized in this country by all but 13 States. Massachusetts was the first such state to make it legal. Many of these couples have begun raising children of their own. In the cases of female couples, generally one of
The Massachusetts Senate recently passed a bill that requires the State Courts and the Department of Children and Families (DCF) to keep siblings together unless they can show clear and convincing evidence as to why the siblings cannot be placed together. Finally some good news when it comes to placement. Massachusetts is in dire need of foster homes for children in custody of DCF. If you are interested in becoming a foster parent, please visit
Aaron Hernandez’s conviction was vacated today. The legal term for this is abatement ab initio which dates back to common law in Massachusetts. If the appeal process resulting from a conviction to a crime has not been completed and the appellant dies, their conviction gets wiped out. The reasoning behind this is that they didn’t have the chance to exonerate himself and prove his innocence. This has occurred two other times in recent years as
Fun or not so fun fact. Did you know that in Massachusetts, you can punch someone in the face and be charged with a misdemeanor but if you steal their cell phone, you would be charged with a felony? There is a bill currently running through the legislature to change this. Larceny over $250.00 in Mass is currently considered a felony charge punishable by jail time.
In a no-fault divorce, the parties state in their filings that the marriage has broken down irretrievably or that the couple has irreconcilable differences. In other words, if one person wants a divorce, the couple will be divorced. In a fault divorce, the Plaintiff must prove that the Defendant has committed a wrong (cruel and abusive treatment is an at fault grounds for divorce in MA) that allows the Plaintiff to get a divorce. People
A Clerk Magistrate Hearing is a very important part of our criminal justice system. In many cases, instead of the police arresting you for a crime, you are summoned to the court via mail for a Clerk Magistrate Hearing. This hearing is your opportunity to tell your side of the story in hopes that the clerk does not move the matter forward for formal charges that remain on your criminal record. Getting the clerk to
People often ask me why they should carry collision coverage on their vehicles. It’s expensive. This is what I tell them. When you’re in an accident and it’s your fault, your insurance company will pay for the repair or the value of the vehicle less your deductible. That can be a pretty large expense to have to pay for if you don’t carry collision coverage. You can’t plan when an accident is going to occur
I get asked all the time what legal documents are needed by friends who have elderly parents and children recently over the age of 18. People understand generally the purpose of having a will but there seems to be a lot of confusion about exactly what other documents are needed. I thought I would go through the typical legal documents in addition to wills and their purpose. 1. Durable Power of Attorney (DPOA): The purpose
On October 4, 2016 the Massachusetts Supreme Judicial Court ruled that a person may establish themselves as a child’s presumptive parent without being biologically related to the child. In Partanen v. Gallagher, a same sex couple underwent assisted reproduction and one partner argued that the other was not a parent to the resulting children due to the lack of biological connection. The Court found that it is possible for an individual who is not biologically
Winter is coming and there are so many things to look forward to! The first snow, a crackling fire, skiing, snowshoeing or whatever floats your boat. I personally love winter. I will admit that I can live without the treacherous roads and the ice everywhere when I’m just trying to go about my normal routine. Oh and the cold, I can live without the extreme cold! Did you know that it is a relatively recent
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Please complete the form below and we will contact you.