Skip to main content
Robert J McCarthy Jr

Robert McCarthy’s Legal Guides

61 total


  • The 4th Amendment & TSA Searches

    The 4th Amendment to the United States Constitution guards citizens against illegal searches and seizures by police and government officials. Here is the exact wording of the Amendment:"The right of the people to be secure in their persons, houses, papers, and effects, against un...

    Read more 

  • Parental unfitness must be proven in Massachusetts by clear and convincing evidence

    In Massachusetts parental unfitness must be determined by taking into consideration a parents character, temperament, conduct, and capacity to provide for the child in the same context with the childs particular needs, affections, and age. Adoption of Mary, 414 Mass. 705, 711 (1...

    Read more 

  • Best interests of a child in care and protection cases

    In order to remove children permanently from a natural parent and to dispense with parental consent to adoptiona trial court]judge in Massachusetts must find, by clear and convincing evidence, that the parent is currently unfit to further the welfare and best interests of the ch...

    Read more 

  • Purpose of the Massachusetts Care & Protection Law

    The Massachusetts Care and Protection statute is designed to insure that the children of the Commonwealth of Massachusetts are protected against the harmful effects resulting from the absence, inability, inadequacy or destructive behavior of parentsand to assure good substitute p...

    Read more 

  • The purpose of post termination visitation

    Once it is established that a parent is unfit, the decision whether to grant post adoption or post termination visits in Massachusetts must be left to the sound discretion of the trial judge. Adoption of John, 53 Mass. App. Ct. 431, 439 (2001). The purpose of post termination vis...

    Read more 

  • Posttermination contact is sometimes appropriate when no preadoptive family has been identified

    Posttermination contact in Massachusetts will tend to be more appropriate where no preadoptive family hasbeen identified and where a principal, if not the only, parent-child relationship in the child's life remains with the biological parent. Adoption of Rico, 453 Mass. 749, 754 ...

    Read more 

  • Child specific determination in parental unfitness cases

    Determinations of parental fitness can be child-specific in Massachusetts. Adoption of Ramona, 61 Mass. App. Ct. 260, 263 (2004). The issue at trial is whether the parent is currently fit "to further the welfare and best interests of the particular child". Custody of a Minor, 21 ...

    Read more 

  • Best interests of the child in Massachusetts post-termination visitation

    Aprimary concern governing the exercise of a court's discretion in deciding post-termination visitation in Massachusetts is making a decision which will be in the best interests of the child. Adoption of Rico, 453 Mass. 749, 754 (2009); Adoption of Vito, 431 Mass. 550, 557 (2000)...

    Read more 

  • Post-adoption visitation in Massachusetts

    The power to order post-termination visitation in Massachusetts is an equitable power which exercised within the discretion of the trial judge. Adoption of Rico, 453 Mass. 749, 754 (2009); Adoption of Vito, 431 Mass. 550, 557 (2000). See, Adoption of Terrence, 57 Mass. App. Ct. 8...

    Read more 

  • Letters of Marque and Reprisal

    Article 1, Section 8 of the Constitution gives eighteen specific powers to the the United States Congress. Among the eighteen powers, clause 11 of section 8 gives Congress the power to declare war, grant Letters of Marque and Reprisal, and make rules concerning captures on land...

    Read more