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Worcester MA Divorce Law Blog

Defining best interest in child custody, not always an easy call

  • 05
  • February
    2013

The foundational tenet that is supposed to be used in Massachusetts when deciding who gets custody of a child is to answer the question, what is in the best interest of the child? But how best interest defined is not always easy. Many may have legitimate arguments for why they should be granted custody of a child.

With the courts having the authority to make the ultimate decision, chances are good that someone will walk away unhappy. Child custody mediation represents one way of resolving such disputes in many situations. But it doesn't work in every case. The struggle that a couple in South Carolina is waging for custody of a great-grandchild may serve as a case in point.

Custody battle over embryos seen as Supreme Court bound

  • 01
  • February
    2013

Advances in fertility treatment have opened up a wide array of questions in the area of family law that have never had to be dealt with before. Decisions by courts in Massachusetts and other states are made regularly and, in turn, they often generate yet even more questions. Many have to do with child custody and have ramifications in terms of child support. Emotions in the midst of the legal disputes over these issues can run high.

There's one case making some headlines in another state right now that some say could be headed for the U.S. Supreme Court. Only time will tell on that score, of course, but the elements of the case may be of a lot of interest to our readers.

Lance Armstrong and some lessons about divorce

  • 25
  • January
    2013

It's hard to find someone sympathetic to disgraced cyclist Lance Armstrong these days, but he has a champion in Huffington Post divorce blogger Barbara Goldberg. She's not defending his illegal blood doping or his serial lies to the entire world. Rather, Goldberg sees the scars of Armstrong's parents' divorce, and she speculates that was a major cause of his downfall.

There are four lessons to be learned from this former sports superstar, says Goldberg, and those lessons are embedded in things that divorced parents say and do to their children. The first is the corrosive effect of "powering through," pushing through life as hard and fast as possible. Armstrong's parents divorced when he was two and he never saw or heard from his biological father again. The past was past, his mother told him, and we don't look back. Goldberg says divorced parents do that when they ask their children to "power through" adversity with no regard for how the children really feel.

Extreme lawbreaking requires an extreme sentence

  • 17
  • January
    2013

Long-time deadbeat dads aren't moved by much; not by threats of jail, not by being dragged into court over and over, and not by the suffering of the children they helped bring into the world. A judge in Wisconsin decided to deal with one such child support delinquent by adding two very unusual conditions to his recent sentence. The 28 year-old father has been placed on probation for two year (not unusual), ordered not to have more children until he pays all the support he owes (unusual), and he must inform any woman he meets, within the first three minutes, that he is a convicted felon and owes child support (very unusual).

The man pleaded guilty last October to felony charges of failing to pay child support. He's no stranger to the legal system, having been charged in the past with drug offenses, drinking and driving, and domestic violence. The no-more-children provision is the second time in a month that a Wisconsin judge has imposed such a condition. Another court, back in December, ordered a father of nine not to make it ten until he paid back every penny he owes. The judge went so far as to suggest that he would order the man sterilized if it were legal. The three minute warning requirement seems to be a first. It's not clear how such a time limit would be enforced, unless the probation department sent a female decoy with a stopwatch. The judge didn't elaborate and when contacted by a reporter, he refused comment.

Divorce Detox chases away the poisonous past

  • 09
  • January
    2013

Yoga has its cleansing breaths. Religion has ritual washings. Divorce now has its own mental and emotional purification process, to remove the relationship's poisonous vestiges and purge the anger, bitterness and self-doubt that still lingers. This cure-for-what-ails-you is called Divorce Detox, a California-based company that "detoxes the harmful residues of a divorce." All it takes is some time, introspection, lots of homework, more than a few dollars, and a willingness to shake off the past.

This Southern California company says there are 25 "life challenges" that come with divorce, such as trouble sleeping, self-blame, and the fear of being alone. The counseling sessions, textbook and writing projects are designed to look deep within, pose a lot of uncomfortable questions, and point the way to the future. In some cases, it's literally "out with the old;" getting rid of old possessions is part of the therapy as is working through past pain and hurts from other relationships so they don't get carried forward. A fair amount of self-affirmation is also involved. Rule number one in the counseling sessions is, "Be kind to yourself."

Massachusetts company will ease tax burden on gay couples

  • 31
  • December
    2012

Same-sex married couples face many challenges, not the least of which involves finances. Massachusetts allows gay marriage but the federal government does not, so the income tax advantages available to heterosexual married couples are not available. Weston-based biotechnology company Biogen Idec has decided to enact its own tax justice by "grossing up" married gay couples' paychecks to cover the costs of benefits for spouses and children, which hetero couples can deduct on their income taxes and gay couples cannot.

About 40 Biogen Idec employees are expected to get the gross-ups, which are worth $2,000 to $5,000 each, starting in January. A spokesman says they can't let "exceptional talent" slip away because the federal tax laws don't recognize their situation. The initiative is not limited to Massachusetts. Biogen Idec employees in other states like North Carolina, where gay marriage isn't legal, will be eligible. All the employee need do is produce proof of marriage, civil union or a domestic partnership to receive the additional payments.

Divorce case for "The Pregnant Man" a major legal headache

  • 26
  • December
    2012

Almost everyone who watches daytime TV has seen or heard of Thomas Beatie, the so-called "Pregnant Man." Beatie's marriage is dissolving, and he and his spouse are working on the custody of their three children, splitting up the marital assets and all the rest. In the middle of this sits a Maricopa County, Arizona Superior Court Judge who is stymied by all the legal challenges posed when a man who used to be a woman tries divorce his female wife.

Thomas was born Tracey, a woman, but back in 1997 Tracey began medical treatments to change herself physically from a woman to a man. After a series of operations, Tracey, now Thomas, was allowed to change his gender on his birth certificate from female to male. However, his reproductive organs were still female and with the help of a sperm donor, Thomas and his female wife produced three children. Thomas made the rounds on TV and in magazines as the "Pregnant Man," complete with beard and bulging belly. Nine years later, Thomas and his wife are splitting but there is a major catch. Arizona does not allow same-sex marriage and does not recognize same-sex marriages performed in other states. And Thomas is, in the eyes of the court, the birth mother of the three children.

Father demands visits with dying child despite medical risk

  • 18
  • December
    2012

The divorced father of a dying 12 year-old boy in Minnesota wants his son to continue his bi-monthly visitation despite the possibility the trip could kill him. The boy has a rare, inherited, incurable neurological disease that is getting progressively worse. His mother wants him to stay home for the last days of his life but his father fought for the right to take his son to his house twice a month, and won a partial victory. A judge ruled that the child will be allowed to visit his father, but at a grandparent's home which is a shorter trip than going to dad's place. The father says the visits are more important than any risks posed by moving his dying child around.

Most children who suffer this particular illness die by their 10th birthday. The mother and father's custody agreement requires weekend visits with dad twice a month at his home. With his latest decline, one of his nurses became concerned that fluid building up in the lungs could rapidly cause a medical crisis and kill him during the drive to or from the mother's house. She says "his body is shutting down"  but the father disagrees with her, saying "I believe they have their opinions. A child dealing with this disease, they don't have that expertise." A county court judge compromised on the mother's demand the child not be moved and the father's demand for his visitation rights. Father and son can be together at the grandmother's house; she is a licensed practical nurse. The mother is appealing.

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