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Best interests of a child in care and protection cases

In order to remove children permanently from a natural parent and to dispense with parental consent to adoption a trial court judge in Massachusetts must find by clear and convincing evidence that the parent is currently unfit to further the welfare and best interests of the child. Adoption of Kimberly, 414 Mass. 526, 528-29 (1993). Determination of parental unfitness and determination of the best interests of the child are interrelated inquiries. Adoption of Carlos, 413 Mass. 339, 348 (1992).

Disclaimer: None of the information or materials posted above is intended to constitute legal advice. Viewing this outline does not constitute an attorney client relationship. Local counsel should always be consulted before contemplating any legal action. The above information is general in nature and should not be undertaken without the express advice of an attorney of your choosing.

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Rob McCarthy is an attorney licensed to practice law in the Commonwealth of Massachusetts, before the military courts of the United States, before the United States Court of Military Appeals and before the federal district court of Massachusetts. He is a former officer in the U.S. Marine Corps and was a candidate for the U.S. Congress from Massachusetts in 2010. He may be reached at 781-816-9001.

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