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Robert J McCarthy Jr

Robert McCarthy’s Legal Cases

38 total

  • In re Thomasina

    Practice Area:
    Appeals
    Date:
    Oct 27, 2009
    Outcome:
    Affirmed in part. Remanded for further orders
    Description:
    Only if parental rights are terminated does a parent lose the right to seek review and redetermination. A parent's failure to participate in services offered or recommended by the department may properly be considered, along with other evidence such as lack of parenting skills, as probative of current parental unfitness. Citation to In re Thomasina: 915 N.E.2d 569, 75 Mass.App.Ct. 563 (2009). Worker collaboratively with Attorney Patrick Roache as an appellate mentor on this appeal.
  • Adoption of Charlton

    Practice Area:
    Adoption
    Date:
    Dec 31, 2008
    Outcome:
    Affirmed
    Description:
    The decision to terminate parental rights must be supported by subsidiary findings, which, taken together, constitute clear and convincing evidence that the parent is unfit to further the child's best interests. Parental unfitness is determined by taking into consideration a parent's character, temperament, conduct, and capacity to provide for the child in the same context with the child's particular needs, affections, and age. Citation to Adoption of Charlton: 898 N.E.2d 889, 73 Mass.App.Ct. 1112 (2008). Worked collaboratively as an appellate mentor on this appeal.
  • Adoption of Bentley

    Practice Area:
    Adoption
    Date:
    Jul 01, 2008
    Outcome:
    Affirmed and remanded in part.
    Description:
    When reviewing a decision to terminate parental rights, [a reviewing court] must determine whether the trial judge abused his discretion or committed a clear error of law. In these cases, much must be left to the trial judge's experience and judgment. The judge's assessment of the credibility of the witnesses and the weight of the evidence is entitled to deference. Citation to Adoption of Bentley: 889 N.E.2d 451, 72 Mass.App.Ct. 1105 (2008). Worked collaboratively on this appeal as an appellate mentor.
  • Adoption of Corey

    Practice Area:
    Adoption
    Date:
    Aug 29, 2007
    Outcome:
    Affirmed
    Description:
    A determination on a motion for a continuance is left to the discretion of the trial judge. The judge's decision will be upheld absent an abuse of that discretion. Under ordinary circumstances, a decision not to postpone a normally scheduled trial, including a trial in a care and protection case, would be relatively immune from appellate second guessing. Citation to Adoption of Corey: 872 N.E.2d 840, 69 Mass.App.Ct. 1118 (2007). Worked collaboratively on this appeal as an appellate mentor.
  • Adoption of Ishaan

    Practice Area:
    Appeals
    Date:
    Jul 05, 2011
    Outcome:
    Affirmed
    Description:
    A Juvenile Court judge issued decrees terminating a mother's parental rights. On appeal, in this appeal in which the children were my clients, the mother claimed that the judge erred in going forward with the last day of trial in the absence of the mother, in failing to consider whether her efforts at improvement showed that her unfitness was temporary, and in concluding that termination of her parental rights was in the best interests of her children. The Appeals Court decided in our favor and affirmed the trial court's decision. Link to case information: http://www.ma-appellatecourts.org/display_docket.php?dno=2011-P-0177.
  • Adoption of Randall

    Practice Area:
    Appeals
    Date:
    Feb 13, 2012
    Outcome:
    Afiirmed
    Description:
    A juvenile court terminated a mother's parental rights as to her four children, three boys and a girl, and declined to order posttermination visits. In this collaborative case, we represented the children and won the appeal.
  • Care and Protection of Boyce

    Practice Area:
    Child Custody
    Date:
    Jun 20, 2011
    Outcome:
    Affirmed
    Description:
    In this case I collaborated on this appeal in representing the children.The Appeals Court held that the record convincingly demonstrated that the parent's conduct and addictions caused neglect and endangerment and exposed the child to serious risk of peril. The court affirmed the decision below finding the child in need of care and protection. Substance abuse problems, denial of a substance abuse problem, refusal to accept residential drug treatment, and failure to comply with the terms of a DCF service plan, may render a parent unfit to care for a child.
  • Adoption of Victoria

    Practice Area:
    Appeals
    Date:
    Apr 11, 2013
    Outcome:
    Decision affirmed
    Description:
    The trial court judge found the child in need of care and protection and terminated the parental rights of the mother and father. On appeal, the mother argued that the judge's decision was not based on clear and convincing evidence, and that her counsel was ineffective. In this collaborative case, we represented the children and won the appeal.