Springfield MA Family Law Blog

On behalf of Claudette-Jean Girard, Attorney at Law posted in Guardianship on Wednesday, March 14, 2018.

As previous posts have discussed, there are many situations in which a Springfield, Massachusetts, resident may need to step in and be able to take care of a young relative or other child in their lives. These people will need to have legal authority in order to do what they need to do to take care of the child, and a guardianship is a way to get that authority. In some situations, the friend or relative seeking guardianship is doing so in part to prevent the child from going through the public welfare system.

In other cases, a biological parent may be doing the best he or she can, only to discover that someone else who is not the child's parent has filed a request to have custody over their child, thereby sharply restricting the parent's rights. Sometimes, while the parent may have at one point needed help raising their child, they have since gotten their lives back together and would like to resume full parental responsibilities.

On behalf of Claudette-Jean Girard, Attorney at Law posted in Guardianship on Monday, March 12, 2018.

While grandparents in Springfield, Massachusetts probably hope that their children will go on to be successful mothers and fathers who love and care for their own children properly, the reality is that sometimes children just do not learn the lessons of parenting that they were taught.

It is therefore not as uncommon as one might think for Massachusetts grandparents to be in a situation in which they see that their grandchildren are either being abused or are being neglected and not provided for. Because they love their grandchildren, they may consider what legal options they have for stepping in. This is particularly true if they know that the state Department of Children and Families, or DCF, is considering getting involved and removing their grandchildren to foster care.

On behalf of Claudette-Jean Girard, Attorney at Law posted in Guardianship on Monday, March 12, 2018.

While grandparents in Springfield, Massachusetts probably hope that their children will go on to be successful mothers and fathers who love and care for their own children properly, the reality is that sometimes children just do not learn the lessons of parenting that they were taught.

It is therefore not as uncommon as one might think for Massachusetts grandparents to be in a situation in which they see that their grandchildren are either being abused or are being neglected and not provided for. Because they love their grandchildren, they may consider what legal options they have for stepping in. This is particularly true if they know that the state Department of Children and Families, or DCF, is considering getting involved and removing their grandchildren to foster care.

On behalf of Claudette-Jean Girard, Attorney at Law posted in Family Law on Friday, March 2, 2018.

When couples in Springfield, Massachusetts either divorce or get a legal separation, one topic that might be an issue is alimony, that is, an ongoing payment from one member of the couple to the other as a form of ongoing financial assistance that, in theory, the person receiving the money would have received had the parties continued to live together.

There are tax consequences to alimony payments which both sides will need to think about as they are negotiating alimony with each other. While these consequences are best discussed with a qualified family law attorney in Massachusetts, there are some general pointers one can keep in mind.

On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Custody on Friday, February 23, 2018.

Since this Springfield, Massachusetts, blog has discussed guardianships and how they can help families protect their beloved children in difficult circumstances, we felt like it was important to make a distinction between a guardian ad litem and a straight-up guardian, as both terms may come up in Massachusetts child custody cases.

As this blog has discussed before, a guardian is a responsible adult, usually someone who already has a relationship with a child, who obtains a court order giving them legal authority over the child and the child's property. At least on a day-to-day basis, a guardian has the same rights and responsibilities as does a parent. They are responsible to care for the child, and, in exchange, they have the right to custody and to make decisions on the child's behalf.

On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Support on Thursday, February 15, 2018.

A previous post on this blog talked about how, in Massachusetts, each parent's income plays an important role, perhaps the most important role, in a judge's decision about how much child support the parent who is not going to live in the home with the child will pay.

Some Springfield residents might be left wondering what exactly counts as "income" when it comes to determining child support. After all, while it is fairly obvious that the salary from one's regular job would be "income," many parents make, or save, money in a variety of other ways. Moreover, it is certainly not uncommon for a parent to hold more than one job, work overtime, etc.

On behalf of Claudette-Jean Girard, Attorney at Law posted in Guardianship on Friday, February 9, 2018.

This blog has on several previous occasions how a guardianship can give a Springfield, Massachusetts grandparent, relative or other responsible adult the authority to rear and raise a child when that child's parents are unwilling or unable to do so.

Along with these important rights, however, can come important responsibilities which a guardian must uphold. The failure to do so can mean the guardian gets punished under Massachusetts law but, more importantly, it can also be grounds for ending the guardianship or finding a new guardian. Guardians should in this respect be cautioned that their rights are easier to take away than those of a child's legal parent.

On behalf of Claudette-Jean Girard, Attorney at Law posted in Guardianship on Thursday, February 1, 2018.

Not everyone has an ideal family unit and living situation. Sometimes family strife or other issues can cause a child's home life to be less than ideal. If a child is living in a poor or toxic home environment with their parent or other legal guardian, it may be time for a change. A new guardianship arrangement can be made to benefit the best interests of the child.

The nature of a guardianship child custody arrangement is to give temporary legal and/or physical custody to a person other than a child's parent. It could be a grandparent, a family friend or other important person in that child's life. Sometimes a tragic life event causes upheaval for a child. This is where a guardianship arrangement can come in to help stabilize and benefit a child's life even in tough times.

On behalf of Claudette-Jean Girard, Attorney at Law posted in Family Law on Thursday, January 25, 2018.

An engagement ring is often the first physical symbol that a Massachusetts couple may share to demonstrate their intention to commit themselves together in marriage. Rings come in all shapes and sizes, sometimes bought from a store and sometimes shared in families as heirlooms. However, when a couple decides that their marriage is no longer workable and that they will need to divorce questions can arise regarding what will happen with the ring.

Generally if a ring is given to a person prior to their marriage then it is considered a gift. Gifts become the separate property of the owners and as such a woman who receives an engagement ring from her partner may keep it if their marriage ends in divorce. The same holds true for a ring a woman may give a man during their marriage ceremony.

On behalf of Claudette-Jean Girard, Attorney at Law posted in Child Support on Friday, January 19, 2018.

During the period of time that a child is considered a dependent of their parents they are, under the law, entitled to receive financial support for their maintenance and upbringing. Child support is derived from both parents with the noncustodial parent making payments to the custodial parent based upon an agreement or juridical order that dictates the amount and schedule that payments are to follow. Child support from one's parents may end at different points in a child's life and this post will examine some of those common events.

First, child support can end at the age of eighteen if the child is no longer dependent upon their parent. Getting married, securing a full-time job and joining the military are signs that a child is self-sufficient and no longer in need of child support. Enrolling in college is not necessarily considered an event that will terminate a child support obligation.

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