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Robert J McCarthy Jr

Robert McCarthy’s Legal Cases

38 total

  • Adoption of Ferdinand

    Practice Area:
    Child abuse
    Date:
    Apr 01, 2009
    Outcome:
    Affirmed
    Description:
    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.
  • 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 Elena

    Practice Area:
    Appeals
    Date:
    Jan 31, 2006
    Outcome:
    Expertly advocated. Affirmed
    Description:
    Supreme Judicial Court of Massachusetts. , 446 Mass. 24, 841 N.E.2d 252 (2006)
  • Adoption of Niccolo

    Practice Area:
    Adoption
    Date:
    Oct 21, 2005
    Outcome:
    Affirmed. Expertly advocated
    Description:
    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 rights case. Citation: 835 N.E.2d 1178, 64 Mass.App.Ct. 1113 (2005).
  • Adoption of Ryan

    Practice Area:
    Appeals
    Date:
    Oct 01, 2004
    Outcome:
    Affirmed. Expertly advocated
    Description:
    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 findings 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

    Practice Area:
    Appeals
    Date:
    Jul 21, 2004
    Outcome:
    Expertly advocated. Affirmed
    Description:
    Termination of parental rights. Parental rights. Rights of children. Citation: 808 N.E.2d 1259, 61 Mass.App.Ct. 1108 (2004).
  • Guardianship of Nora

    Practice Area:
    Guardianship
    Date:
    Sep 22, 2003
    Outcome:
    Expertly advocated. Affirmed
    Description:
    Guardianship of children appeal. Citation: 796 N.E.2d 465, 59 Mass.App.Ct. 1104 (2003).
  • Adoption of Salvatore

    Practice Area:
    Appeals
    Date:
    Apr 18, 2003
    Outcome:
    Affirmed. Expertly advocated
    Description:
    A parent may be required to testify in Massachusetts. Citation: 57 Mass. App. Ct. 929, 786 N.E.2d 858 (2003).