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  • Brockton MA Divorce Law Blog

    Child custody and adoption no longer one-sided

    Child custody is about more than who will watch your child if you divorce, where visitation will take place or who will make the decisions that impact your child. In some cases, child custody is determined by a mother without the input of the father; for some time, any woman could travel to Utah to put her child up for adoption without permission from the father.

    In Massachusetts, you would be able to leave the state, head to Utah and give birth or simply put your child up for adoption without the permission of his or her father. Utah's governor has had enough of the adoption scheme, and now single mothers, those divorced during pregnancy or later, can no longer put children up for adoption in Utah without first notifying the children's father. Prior to this new bill, critics of the past system said it was too easy for a child to be kidnapped or for a woman to commit fraud.

    Child custody case finally over for father fighting for rights

    In Massachusetts, you might have heard about this child custody case that has now been resolved. According to the story, two children were caught in the middle of a child custody case when their mother fled with them to Slovakia. The two children, who were born in the U.S., were supposed to be returned to the care of their father, but she never brought them back.

    The April 11 news reports that the woman has been arrested in France at the request of the Federal Bureau of Investigation. She's now in the U.S. and will be facing charges related to taking the children. She faces a criminal charge of unlawful flight to avoid prosecution, as well as two felony counts of child detention with right to custody, according to the FBI.

    Miller allegedly has not paid child support for his son

    If you're going to court with an ex over child support, then you probably just want to make sure you're getting what you deserve. Child support is important, because it makes up for the money the second parent would normally provide. This can't take a parent's place, but it does help give the child a better home and more opportunities.

    This ongoing battle between Bode Miller and Sara McKenna has become interesting. You might have heard about it recently in Massachusetts, because the woman claims that Miller has not paid her any child support for their 13-month-old son. The woman and Miller have been fighting over custody of their son, and they allegedly must work out an interim custody schedule or will have to go back to court over the situation.

    Charlie Sheen allegedly stops paying child support

    What would you do if your ex suddenly wanted more child support or you suddenly stop receiving it? Massachusetts court is one option to help sort out your child support woes, and that's something that might have to happen in this case, too. According to the news from March 25, Charlie Sheen has stopped paying child support to his ex-wife for their two children. He allegedly owes tens of thousands of dollars, but he may be looking to have his child support burden lowered.

    In this case, it's believed that Charlie Sheen has stopped paying child support to his ex-wife, Denise Richards. While his representative tried to say he had, another source disagreed and said he had stopped paying for two months, totaling the shocking amount of $110,000. The two share two children together, and he allegedly owes money for both February and March of 2014.

    Child custody cases can be impacted by social media

    When it comes to your child's wellbeing, you don't want to take anything for granted, and you don't want to make mistakes that could leave you on the unforgiving side of the courts in Massachusetts. According to this news about the divorce mistakes some people make, social media has become a problem that can influence asset division or child custody. The March 18 report explains that social media is public, and sites like Facebook allow people like your ex or his or her friends to see what you write.

    The problem with that is that if you curse, write something about your ex in a derogatory manner or even just post images that indicate that you might have more assets or money than you're claiming, it can be used against you in court. It's important not to delete evidence once it's been put online, even if you think it could hurt your case. Deleting information may make it more likely for others to continue asking about it.

    Same-sex couples struggle with property division

    News over the last few months has been focused on same-sex marriages. However, what some people are more worried about now is how to get a same-sex divorce. Unlike marriage, same-sex divorces won't be granted in every state and especially not if the state bans same-sex marriage (in most cases). A March 1 report shows how this is impacting at least one woman from Massachusetts and how it could affect other same-sex couples.

    According to the story, a woman married her girlfriend in 2008 following the equality movement that marriage to be allowed in Massachusetts. She and her girlfriend had dated for years, and they settled in Allentown, Pennsylvania. Still, not long after the marriage, the relationship ended.

    Cibrian wants his extra alimony payments back from his ex

    Alimony is one of those aspects of divorce that can make people upset in Massachusetts and anywhere else; too much being given to an ex-spouse can seem harsh, but not enough could leave you without enough to live on, whether you're paying the bill or receiving the check. In this divorce case, a celebrity couple is arguing because the man, Eddie Cibrian, has claimed that he overpaid his ex, Brandi Glanville, by over $100,000. While she receives both child support and alimony, he is claiming that the money was overpaid to her as spousal support and wasn't for the children.

    According to the news from Feb. 20, a number of sources have reported that an audit of the situation only showed the money being paid as support, not as child support or alimony specifically. Cibrian claims that he overpaid his ex $114,738 in alimony and that child support had nothing to do with the overpayment.

    Rapper faces divorce with wife but wants child custody, too

    If you're going through a divorce and have children in Massachusetts, the idea that your partner could receive full custody, spousal support, and other financial benefits can be daunting. In this case, a woman who was married to her husband for 11 years is shockingly trying to make sure she gets sole custody of their 12-year-old child, which would make it more difficult for him to be part of his child's life. The Feb. 20 report claims that the woman filed court documents stating that the marriage is irretrievably broken, and she wants a divorce.

    The couple has two children together, age 18 and 12. The 12-year-old is the only one who will face a potential custody battle if the pair can't agree. According to documents received by the courts, the woman is asking for sole custody, spousal support, a split of the marital assets, and child support. She also would like her attorney's fees covered.

    Shared parenting in Massachusetts possible

    If you've ever had to worry about child custody, you may not have to in the future. According to a new report from Feb. 18, shared parenting is one topic that keeps coming up in the news, and it's an idea that courts just might adopt. With shared parenting, it would be more likely that parents would have shared child custody that would allow them to share more time with their children.

    Most of the time, courts will do what is best for the child without regard to either parent's personal objectives. Now, though, some people have been wondering if shared parenting is the way of the future. One man claims that he has been fighting the courts for seven years trying to gain more time with his 8-year-old son; he claims he was given partial custody but only sees the boy three hours a week.

    Same-sex couples to be recognized on a federal level for divorce

    In matters of marriage, it's no secret that same-sex relationships have had it more difficult than others. Now, fortunately, the U.S. government has decided that these marriages should be equal to traditional marriages when it comes to legal matters on a federal level. What does that mean for you? It means that if you're in a same-sex relationship, you can expect to have the same results in divorce, bankruptcy, survivor benefits, and prison visits as those who are married in a heterosexual relationship.

    In Massachusetts, same-sex marriages are currently allowed, according to a Feb. 9 report. However, in Alabama, for example, it isn't. Now, this federal law will include the 34 states where same-sex marriages aren't legal and will allow the couples to have their federal-based situations to be recognized, even though the marriages aren't. This will only apply when the U.S. government has jurisdiction, though.