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 broken taillight, driving too slow, or even failing to put on your blinker can result in a police officer pulling you over. If the police officer has any suspicion that you have consumed any amount of alcohol, they can, and likely will, ask you to submit to Field Sobriety Tests. It can be a frightening situation in the moment, so knowing more about Field Sobriety Tests can really be useful.

What are Field Sobriety Tests?

According to The National Highway Traffic Safety Administration, Field Sobriety Tests (FST) are roadside tests that provide the police with clues of alcohol impairment.  There are only three FST that have been studied and validated: Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand.

There are many other tests that have not been studied and validated, however, police officers still use unvalidated techniques to build more evidence against a suspect, including, the Alphabet test and the Counting Test.

If you have a case involving field sobriety tests, contact Ryan Faenza Carey to schedule a consultation.

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Are you or your spouse considering divorce? Ryan Faenza Carey can help. We understand that divorce and family law matters are emotional and frightening for most people. What do I do? What is going to happen to me? What is going to happen to our children? Where am I going to live? What do I need to know or ask? We know how difficult a process it is for you, and how to protect your interests, and that of your children. We pride ourselves on our commitment to our clients. Here’s what you can expect when you contact us:

A Team of Seasoned Professionals

  • The six attorneys at Ryan Faenza Carey have a combined experience of more than 100 years in divorce and family law. Our entire staff includes a team of dedicated paraprofessionals and other professionals who support not only our attorneys but our clients as well.

 

A Personalized Experience

  • When you call our office during normal business hours, you will speak with a live, experienced staff member, not a machine and it is confidential.
  • You will speak directly, generally the same day, with a seasoned attorney who can determine what you need, how urgent your need is, and offer guidance on what your first step should be.
  • Appointments will be scheduled promptly, depending upon need, availability and urgency of your issues.

Informative Client/Attorney Relationships

  • You will be educated and informed of your rights and obligations, what to do and what not to do, and what the likely outcome of your matter is likely to be.

We Work Towards Reasonable Goals and Outcomes

  • In representing our clients on any divorce or family law matter, amicable resolution is our main objective, if at all possible; most of our clients ultimately end up resolving their issues by agreement.

Let us help you. Call or email us today. For more information visit our FAQ page.

The past year has been a difficult one. Due to the pandemic, people across the country suffered through a loss of a job and/or financial hardship during an unimaginable tragic time. That’s why for many people 2020 meant having to file for unemployment, some for the first time. According to the U.S. Bureau of Labor Statistics, the unemployment rate hit a record high of 14.7% in April 2020. The number rose by 15.9 million to an astronomical 23.1 million that month. As you review your 2020 taxes, there are a few things you should know when it comes to your unemployment income and what it could mean for your filings.

For tax purposes, unemployment compensation is considered income, so it is usually taxable. However, Congress provided a one-time exemption in the American Recovery Relief Act, resulting in a significant tax break for those Americans who received unemployment compensation last year.

Taxes are waived on the first $10,200 in unemployment benefits for individual taxpayers, and up to $20,400 for married couples filing jointly. In either instance, as an individual or as a married couple, your modified gross income must be less than $150,000 to benefit from this tax break.

If you have already filed your taxes for 2020 and were not aware of this tax break, the IRS is currently advising that they will be automatically issuing refunds so that an amended return is not necessary.

If you have any questions about your domestic relations matter, please contact one of our attorneys at Ryan Faenza Carey.

This should not be considered tax advice; any questions about your taxes should always be directed to a qualified CPA or accountant.

The stay-at-home advisories enacted across the country created fear and hesitation, not only for victims of abuse, but for people who dedicate their lives trying to keep those victims safe. Reports of domestic violence have increased in many parts of the country since the COVID-19 outbreak. In Chicago, calls made to a domestic violence hotline in March increased by 43% by the end of April. Massachusetts, however, is experiencing the opposite; a decline in calls.

SafeLink is Massachusetts’ statewide domestic violence hotline, available for people who are victims of abuse and for people who are concerned about someone else being abused. A spokesperson for SafeLink recently explained that the decline in calls is not due to a decline in abuse, but is in fact, a revealing sign that victims may be trapped at home with their abuser and have no time to call for help.

The current social landscape – job layoffs, cancelled therapy appointments, social isolation, business shutdowns – has created an unprecedented stress and anxiety level that the average person struggles to deal with. These stressors coupled with abusive tendencies, creates a real danger to victims of abuse. In Boston, police reported the number of domestic assaults in March 2020 has increased by 23% from March 2019. Although some cities in Massachusetts are reporting lower numbers of domestic assaults, declining numbers are not always as optimistic as they may seem.

The Department of Children and Families reported that abuse and neglect claims were down 60% from March 2019. This decrease may be directly related to the COVID-19 school closures and children staying home with potential abusers. Mandated reporters, like teachers, doctors, therapists, guidance counselors, are unable to observe signs of abuse or provide a critical listening ear for a child to turn to or depend on.

If you are suffering from abuse, you are not alone. If you are in immediate danger, call the police. If you need or know anyone that needs support, call SafeLink, the Massachusetts toll-free hotline at (877) 785-2020. If the attorneys at RYAN FAENZA CAREY can assist you in any way, or you want to discuss your options with an attorney, call our offices.

*STATISTICS CITED ABOVE ARE DRAWN FROM THE LINKS CITED

https://www.nytimes.com/2020/05/15/us/domestic-violence-coronavirus.html?action=click&module=News&pgtype=Homepage

https://www.mass.gov/how-to/request-an-abuse-prevention-order

https://patch.com/massachusetts/boston/ma-coronavirus-domestic-violence-calls-increase-police-say

https://www.lclma.org/2020/04/07/domestic-violence-covid-19-lawyers/

https://patch.com/massachusetts/boston/mas-drop-child-abuse-claims-troubling-sign

https://www.mass.gov/doc/court-contact-information-for-protection-order-returns-and-telephone-hearings/download

https://casamyrna.org/get-support/safelink/