Changing your own last name is typically a simple request, but petitioning to change the last name of your child is an entirely different and sometimes more arduous process. There is a lot to consider with changing a child’s last name and you have to be prepared to make your case in their best interest.

A recent Appeals Court case addressed the standard when petitioning the court to change the surname of a child; both what should be considered and what should not.

Under G. L. c. 210, § 12, a person may file a name change petition, and typically, the petition “shall be granted unless such a change is inconsistent with public interests.” However, where the petition concerns the surname of a child, “whether born to married or unmarried parents, the ‘best interests’ of the child standard is applicable.” The person filing the petition bears the burden of demonstrating that the name change is in the child’s best interests.

“…whether born to married or unmarried parents, the ‘best interests’ of the child standard is applicable.”

In considering the child’s best interests, some factors to be considered “include the effect of the change of the child’s surname on the preservation and development of the child’s relationship with each parent and other siblings; the length of time the child has utilized a given name; the age of the child as it may relate to his or her identification with the surname; and the difficulties and embarrassment that the child may experience from bearing the present or proposed surname.” This list, however, is not exhaustive. “The allocation of custodial responsibility” should also be considered.

However, “a court should not attribute greater weight to the father’s interest in having the child bear the paternal surname than to the mother’s interest in having the child bear her name.” A father has no more right for a child to bear his surname than does a mother. “Indeed, consideration of parental preference does not appropriately focus the inquiry on what the child needs, nor on the effect on the child of a change in his [or her] surname.”

If you have any questions about petitioning the court for a change of name, please contact one of our attorneys at Ryan Faenza Carey.

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A judge in a recent high-profile case said no. Whether children should be allowed to testify in a divorce case is a common question and concern for parents who want the child(ren) to have a voice.  There are numerous concerns when children are involved in litigation between their parents, including emotional damage from having to testify in court or choose between parents.

In an effort to protect the children while determining what is in their best interest, Massachusetts has a variety of other options to ensure that the child’s side is heard and considered, but the child is kept out of the courtroom – including GAL investigations, probation investigations, and the ARC program. Make sure to consider all your options so you can make the best decision for your family.

Consult with one of our skilled attorneys to determine the best steps for you if in the midst of a custody dispute. Contact us today.

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In a recent case, C.M. vs. COMMISSIONER OF THE DEPARTMENT OF CHILDREN AND FAMILIES, the Supreme Judicial Court granted further appellate review discussing whether a Department of Children and Families social worker and supervisor should be granted absolute immunity when filing a care and protection petition.

The court explained that absolute immunity ensures governmental functions are protected from interference from civil liability litigation. The SJC quoted a Pennsylvania judge, stating, “social workers ‘walk a tightrope’ in trying to do what is in a child’s best interests.” The court agreed that without absolute immunity, social workers would act so cautiously that they may fail to intervene in situations where children are in danger. The court held that social workers and supervisors shall be granted absolute immunity against civil litigation, which means parents and caretakers cannot sue a social worker for misrepresenting or lying in their affidavits in care and protection cases.

“…social workers ‘walk a tightrope’ in trying to do what is in a child’s best interests.”

It is important to remember, as the court noted in their decision, that there are other means by which the public is protected against misconduct from the Department of Children and Families. One example of this protection is a parent or caretaker can file a complaint against a social worker with the Board of Registration of Social Workers.

If you or someone you know is involved with the Department of Children and Families, it is imperative that you reach out to an attorney to protect your rights.  Schedule a consultation with Ryan Faenza Carey today.

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Fair Healing Appeal: How to defend against a support finding of child abuse or neglect from DCF

Under Investigation by DCF? You have rights!

What Happens When a DCF report turns into an emergency

College Graduation

It should be an exciting time when your child’s college acceptances are coming in, but it’s important to consider how your divorce could impact your child’s college choice. Planning ahead and reviewing your Judgement of Divorce before the process gets too far can help. Attorney Jennifer Liddell provides a few things to know before you and your child head out on those campus tours.

Hopefully, before the acceptance letters are in the mail, you carefully reviewed your Judgment of Divorce (or Paternity) prior to your child looking at colleges to determine the steps that need to be taken to avoid conflict or uncertainty. This includes ensuring involving your co-parent as provided for in your judgment.

Most divorce judgments provide a timeframe as to when discussions on how applications to college are handled, as well as how to decide which college your child will attend. However, if your child was young when you got divorced or separated, the language may be broad, which can lead to uncertainty and disputes. Overall, we recommend reviewing your divorce judgment on an annual basis.

If you have questions about avoiding last minute litigation when it comes to college choice or contributions to the expense of college, please contact one of our attorneys at Ryan Faenza Carey.

Child support questions

There are so many questions to consider when it comes to child support. Attorney Kara Carey lays out some of the most frequently asked questions, so you don’t have to go searching the web. From costs, to taxes and Massachusetts guidelines, and some of the other questions you may not think to ask.

  1. How is child support determined? In Massachusetts, we have child support guidelines that are used to create a presumptive child support amount. A judge may deviate from this amount for various reasons. View the calculator here.
  2. Do the guidelines ever change? The guidelines are reviewed every four years by the child support taskforce who determine whether the guidelines and worksheet change. The current 2020 – 2021 task force includes one of our partners, Kara J. Carey.
  3. Are bonuses included in determining a child support figure? This depends – a judge has the discretion to handle bonuses or income that is not guaranteed in a variety of ways. The amount can be included in the guidelines or addressed separately – it will largely depend on the frequency, amount and consistency of bonuses.
  4. Does parenting time affect the amount of support paid? The guidelines have two options to address different parenting plans. If the parties have approximately equal parenting time and financial responsibility, the guidelines are calculated to determine the net of support paid each way. If one parent has significantly more parenting time, the guidelines are calculated with the primary custodian receiving support from the other parent.
  5. What if I am the payor and lose my job and cannot afford to make my child support payments? There are serious repercussions for failing to pay child support, and the court is limited in making retroactive adjustments. A complaint for modification will need to be filed; experienced counsel can help with this transition to protect your interests.
  6. What other costs affect the child support calculation? The payment of health insurance, dental insurance and vision insurance premiums, as well as costs for daycare, are taken into consideration on the child support worksheet.
  7. Do I have to pay taxes on the child support I receive? Child support is not deductible to the payor, and not taxable to the recipient.
  8. Does child support automatically end? That depends on the language in your order or judgment; discuss with counsel to ensure you are not in contempt.

For more information on related child support questions or when child support ends, view our blog discussing the same.