Attorneys

Massachusetts Family Law FAQs

• Q: What Might Happen If Both Parents Were Found To Be Either Dysfunctional Or Otherwise An Unacceptable Risk To The Well-Being Of A Child, Or If A Sole Parent Died?
  A: Willing and concerned relatives, such as a grandparents or aunt and uncle could request, would be considered and might be appointed guardians or foster parents.
• Q: Could A Parent Be Prevented From Having Access To A Child?
  A: If a parent was involved in child or spousal abuse, or was for any good reason a risk to a child's physical or mental well­being, access could be ordered … More
• Q: If A Parent Was Denied Custody Or Refused Or Restricted As To Access To A Child, Could That Be Changed?
  A: Yes. If circumstances changed significantly so that it would be in the best interests of a child to change existing custody or access arrangements, application could … More
• Q: If A Parent Who Has Custody Wants To Move From The Present Residence, With The Child, Can That Parent Do So?
  A: If the parent wishing to move has good reason and it would generally be in the good interests of a child, such a move will generally be permitted. If the … More
• Q: What Would Happen If The Parent Who Does Not Have Custody Were To Take The Child Away, Effectively Denying The Other Parent Custody?
  A: Such an action is a serious offence under the Criminal Code. If such child were between 14 and 16 years of age, the parent who "kidnapped" such child would … More
• Q: Can An Order For Access Be Enforced?
  A: Pursuant to The Child Custody Enforcement Act, either a custodial or a non­custodial parent can apply to the court for enforcement or change of an access order. In … More
• Q: Can Parents Make Their Own Agreement For Custody Of And Access To Minor Children?
  A: Where both parents can agree, they may enter into a written agreement with regard to which parent will have the custody control and education of minor children and … More
• Q: What Other Kinds Of Agreements Can Be Made Between Parties To Protect Their Property And Other Rights Between Them?
  A: Parties can make an agreement in writing, called a Marriage, or pre­nuptial agreement, before marriage, to take effect upon marriage, setting out their rights of … More
• Q: What Do Such Agreements Usually Include?
  A: Cohabitation or marriage agreements usually include: what kinds of financial contribution each partner will make to support the other; what contributions each will … More
• Q: What Is Required To Make Such Agreements Enforceable?
  A: For any such agreement to be valid and enforceable by the court, it must be shown: the parties knew their rights under the law; the parties both entered into the … More
• Q: Why Are Marriage Agreements Or Cohabitation Agreements Important?
  A: With the rate of divorce as high as it is in these times, there are extended and former family relationships that are very complex. To discourage litigation and … More

Click here to view general Family Law FAQs