Dealing with False Allegations During Child Custody & Divorce

It seems like everyone knows a story about false allegations during child custody and divorce. One party points the finger at the other and receives a restraining order from the court believing that by doing so will, almost by default, give them custody of the children and exclusive use of the family home. The accused party then must defend themselves in court and prove these allegations false.

While false accusations are a legal mess, it is also terrible to have someone who you once shared a life make claims of either abuse or neglect. It is something no one is ever really prepared for. You may feel you should reach out to your soon to be ex-spouse, but this can actually make things worse for you. Additionally, trying to make contact could be used against you. It is not unheard of for there to be accusations of stalking, harassment, or violence when all you want to do is smooth things over. No matter how tempted, it is best to keep away, and, with a clear mind, take more appropriate actions. [Read more…]

How Child Custody Is Determined Under Massachusetts Law

In Massachusetts, several factors are used to determine child custody between two parents seeking divorce or between unmarried couples who cannot come to custody terms following separation.

Massachusetts law recognizes four different types of custody:

• Sole legal custody
• Shared legal custody
• Sole physical custody
• Shared physical custody

In the first and third statuses, only one parent has the right and responsibility regarding the child’s welfare, including education, medical care, and emotional, moral and religious development. Shared custody allows both parents to make decisions. Physical custody status goes one step further by determining whether children will live with only one or spend time living with both parents in addition to determining who will be responsible for their welfare. [Read more…]