Robert J McCarthy Jr’s Guides

Robert J McCarthy Jr

Saugus Estate Planning Attorney.

Contributor Level 12
  1. The 4th Amendment & TSA Searches

    Written by attorney Robert McCarthy, over 3 years ago.

    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...

    1 person found this Legal Guide helpful

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

    Written by attorney Robert McCarthy, over 3 years ago.

    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...

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  3. Best interests of a child in care and protection cases

    Written by attorney Robert McCarthy, over 3 years ago.

    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...

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  4. Purpose of the Massachusetts Care & Protection Law

    Written by attorney Robert McCarthy, over 3 years ago.

    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...

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  5. The purpose of post termination visitation

    Written by attorney Robert McCarthy, over 3 years ago.

    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...

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

    Written by attorney Robert McCarthy, over 3 years ago.

    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 ...

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  7. Child specific determination in parental unfitness cases

    Written by attorney Robert McCarthy, over 3 years ago.

    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 ...

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  8. Best interests of the child in Massachusetts post-termination visitation

    Written by attorney Robert McCarthy, over 3 years ago.

    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)...

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  9. Post-adoption visitation in Massachusetts

    Written by attorney Robert McCarthy, over 3 years ago.

    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...

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  10. Letters of Marque and Reprisal

    Written by attorney Robert McCarthy, over 3 years ago.

    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...

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