Family & Domestic Relations

The Limits of Moral Condemnation – Jankovich v Jankovich – Family Law in MA

In Jankovich v Jankovich (14-P-1703), the Massachusetts Court of Appeals refused to morally condemn a father’s decision to have an extra-marital affair with the parties’ live-in au pair. Two years prior to their separation in 2012, the parties Jankovich hired a live in au pair, to assist with the needs their children. For the years leading up to the separation, the father explored the limits of a romantic relationship with the au pair. Ultimately, one night, the father left home while the children were sleeping and did not return. At the divorce trial, the father refused to testify about his… Read More

Custody Dispute Laws Massachusetts – Nicoletti v. Bolduc

Nicoletti v. Bolduc 14-P-1125 (November 6, 2015) The November 2015 appeals decision of Nicoletti v. Bolduc 14-P-1125 provides perspective to those whom feel aggrieved by the excessive delays often associated with judgments from the Probate and Family Court. Nicoletti was an appeal from a modification judgment of the Probate and Family Court (“the trial court”), at which time the trial court awarded sole legal and physical custody of the parties’ daughter to the father. After the last day of trial, the trial judge did not issue her findings of fact for 331 days, and did not issue her final judgment… Read More

Electronic Communication Tips When Filing For Divorce – Massachusetts

4 Tips for Handling Electronic Communication During Divorce During a divorce, we must pay special attention to how we use various forms of technology and electronic communication. All too often, an unsuspecting spouse will find their emails and social media posts front and center in their divorce trial. Due to the pervasiveness of electronic media in our society, it is crucial that you take steps to protect yourself in the event of divorce. The following four tips are a good starting point for protecting yourself from the risks associated with electronic communication. 1. Change your passwords.In many instances, spouses know… Read More

Acknowledgement, Participation and Consent: SJC Examines The Hallmarks of Parentage

In 2014, Plaintiff Karen Partanen filed a complaint in the Probate and Family Court seeking to establish legal parentage of two young children.  The complaint alleged that she and the defendant, Julie Gallagher, had been in a committed, non-marital relationship between 2001 and 2013.  Using in vitro fertilization, and with Partanen’s “full acknowledgment, participation, and consent,” Gallagher gave birth to the two children.  Thereafter, both Parties represented themselves publicly as the children’s parents, until their separation in 2013. On the basis of these allegations, Partanen’s complaint for parentage sought a declaration of parentage pursuant to, among other things, G. L. c. 209C,… Read More