Smith v. McDonald SJC-10670
Dec 14, 2010OUTCOME: Judge acted within her discretion in granting father substantial parenting time consistent with the child's best interests. However, she exceeded her statutory authority in requiring that the Mother return to Massachusetts with the child.
Assisted lead attorney in oral argument before the Supreme Judicial Court. "A child was born to the defendant, Danielle McDonald (mother), and the plaintiff, Steven D. Smith, Jr. (father), who were ... not married. When the child was six months old, the mother moved with the child from Massachusetts to New York. Subsequently, as part of the proceedings at issue in this case, the plaintiff was determined to be the legal father of the child. A judge of the Probate and Family Court ordered the child returned to Massachusetts, gave sole physical custody to the mother, and awarded visitation rights and joint legal custody to the father." The mother challenged various provisions of the judgment, including the requirement that she move back to Massachusetts, the Judge's order of shared legal custody to the parents, and the substantial parenting time given to the Father.
