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March 2015 Archives

Hague Convention: Wrongful Removal of a Child

In the case, Mendez v. May, the First Circuit of the U.S. Court of Appeals was faced with the question whether pursuant to The Hague Convention on the Civil Aspects of International Child Abduction ("the Convention) the seven-year-old son of the parties should return to Argentina.

Establishing Paternity in Massachusetts

The laws and procedures governing adjudication of paternity disputes as to children born out of wedlock is governed by M.G.L. chapter 209C. The underlying policy of this chapter is that "children born to parents who are not married to each other shall be entitled to the same rights and protections of the law as all other children."

Constitutional Right of Free Access to the Courts

Recently the Massachusetts Appeal Court was asked to decide whether the Court may order that the parties engage in and pay for court-directed mediation before either may file any subsequent action in the Probate Court. 

Claiming the Tax Exemption for Children of Divorced or Separated Parents

When settling a divorce case the issue of which parent is going to claim the dependent child exemption on his/her tax return should be settled. Experience has demonstrated that failure to settle this at the time of the divorce will often lead to future disputes between the parties and between a parent and the revenue authorities.

Reduce Your Taxes with the Child and Dependent Care Tax Credit

The Child and Dependent Care Tax Credit can reduce the taxes you pay.  If you paid someone to care for a person in your household last year while you worked or looked for work, then read on for 10 facts from the IRS about this important tax credit:

Relocating a Child from Massachusetts

We live in a mobile society where it is common for a family to relocate from one state to another, across the country, or even to a different country.  Moves become much more difficult and complex in a family that has experienced a divorce, or where the parents do not reside in the same household. When one parent seeks to remove the child from the Commonwealth of Massachusetts to another area of the United States or even to another country, and where the other parent does not agree with the move, the Probate and Family Courts must get involved.

Divorce Actions Involving Incompetent Parties

If a divorce litigant is incompetent, his legal representative, such as a general guardian, conservator or other fiduciary, may sue on behalf of the incompetent person. However, if the incompetent person has no such legally appointed representative then the domestic relations rules specifically allow a person acting as the incompetent's next friend to sue on his behalf.

Factors Considered in Child Custody Disputes Between Parents

Massachusetts has adopted the 'best interests of the child" standard when called upon to determine with which of the parents the children or any of them shall remain or may award their custody to some third person if it seems expedient or for the benefit of the children.

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