Bonding between a pre-adoptive parent and a child in a termination of parental rights case
Apr 25, 2011
The bonding of a child with adoptive parents may bea factorin a judge's decision to terminate parental rights in Massachusetts. Adoption of Nicole, 40 Mass. App. Ct. 259, 262-263 (1996). But,bonding ca...
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Five considerations in determining parental unfitness in Massachusetts
Apr 25, 2011
1. A parents ability to manage financial affairs is an appropriate consideration in the determination of unfitness. Petitions of the Department of Social Services to Dispense with Consent to Adoption, ...
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Five factors Massachusetts courts may consider when determining parental fitness
Apr 25, 2011
1. A parents character, temperament, conduct, and capacity to provide for a child's particular needs, affections, and age. Adoption of Mary, 414 Mass. 705, 711 (1993).
2. Evidence of alcohol or drug ...
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Standard of Proof in a Care & Protection case
Apr 25, 2011
In Massachusetts the petitioner in a care and protection case, usually the Department of Children and Families, is required to prove at trial by clear and convincing evidence that a parent is currently...
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Removal of children from parents by the state
Apr 18, 2011
Removal of children. Not easy on anyone. One of the first great difficulties a parent and child may face in a care and protection case is the emergency removal of a child. As can be imagined this sep...
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What is an abuse of discretion motion? For that matter what is a motion?
Apr 18, 2011
What is a motion? A motion is simply a request, usually in writing, asking a judge to do something. In Department of Children and Family (DCF) cases a parent or child may request, for example, that a...
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Appealing a denial of a motion to recuse
Apr 16, 2011
In reviewing a judge's denial of a recusal motion, the standard of review on appeal is whether there was an abuse of discretion. Demoulas v. Demoulas Super Markets, Inc., 428 Mass. 543, 546 (...
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When does the law authorize state intervention in a family in Massachusetts
Apr 16, 2011
So long as a family cannot or does not provide the necessary amount of care and protection for its children, the Department of Children and Families (Massachusetts) is obligated to intervene and pr...
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Challenging findings on appeal in Massachusetts
Apr 16, 2011
How findings of fact are determined The petitioner, usually the Department of Children and Families in Massachusetts, in a termination of parental rights or care and protection case must prove at tri...
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Quick Summary of the Path to Terminate Parental Rights in Massachusetts
Apr 16, 2011
The path to terminate parental rights in the court's of Massachusetts is firmly established. A decision to terminate parental rights involves a two-step analysis by a judge after hearing and reading al...
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