Adoption of Ferdinand
Apr 01, 2009OUTCOME: Affirmed
Termination of parental rights. Rights of children. Citation to Adoption of Ferdinand: 904 N.E.2d 429, 453 Mass. 1106 (2009). Collaborated on this appeal as an appellate mentor.
Robert J McCarthy Jr's Legal Cases (38)
Saugus, MA
Estate planning Lawyer at Saugus, MA
Practice Areas: Estate Planning, Business ... +2 more
Adoption of Charlton
Dec 31, 2008OUTCOME: Affirmed
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
Jul 01, 2008OUTCOME: Affirmed and remanded in part.
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
Aug 29, 2007OUTCOME: Affirmed
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 decis ... ion 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 Elena
Jan 31, 2006OUTCOME: Expertly advocated. Affirmed
Supreme Judicial Court of Massachusetts. , 446 Mass. 24, 841 N.E.2d 252 (2006)
Adoption of Niccolo
Oct 21, 2005OUTCOME: Affirmed. Expertly advocated
A parent may be fit to raise one child and not another. A judge must make specific and detailed findings, demonstrating that close attention has been paid to the evidence in a termination of parental r ... ights case. Citation: 835 N.E.2d 1178, 64 Mass.App.Ct. 1113 (2005).
Adoption of Ryan
Oct 01, 2004OUTCOME: Affirmed. Expertly advocated
In proceedings to dispense with parental consent to adoption, the judge must make specific and detailed findings demonstrating that close attention has been paid to the evidence. These subsidiary findi ... ngs must be proved by a fair preponderance of the evidence. Findings won't be disturbed absent a showing that they are clearly erroneous. Postadoption visitation. Once it is established that a parent is unfit, the decision whether to grant postadoption visits must be left to the sound discretion of the trial judge.
Adoption of Yusef
Jul 21, 2004OUTCOME: Expertly advocated. Affirmed
Termination of parental rights. Parental rights. Rights of children. Citation: 808 N.E.2d 1259, 61 Mass.App.Ct. 1108 (2004).
Guardianship of Nora
Sep 22, 2003OUTCOME: Expertly advocated. Affirmed
Guardianship of children appeal. Citation: 796 N.E.2d 465, 59 Mass.App.Ct. 1104 (2003).
Adoption of Salvatore
Apr 18, 2003OUTCOME: Affirmed. Expertly advocated
A parent may be required to testify in Massachusetts. Citation: 57 Mass. App. Ct. 929, 786 N.E.2d 858 (2003).
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