Massachusetts Parental Fitness Law Firm
In each Massachusetts Probate and Family Court, the best interest of the child standard is applied to custody-related matters. To convince a judge that you should be the custodial parent, or actively involved in your children's lives, you need to present a case that emphasizes all of your positive character traits. On the other hand, if you plan to allege your child's other parent is misfit, you better have grounds and witnesses to support your claims because more than half of allegations made are never taken seriously because of insufficient grounds or a lack of evidence.
In contentious domestic relations cases, those that involve children or allegations misfit parents represent the most difficult and costly cases to resolve because the children are more than just the focal points in their parents' dispute. Instead, they are used as bargaining chips in resolving their parents' dispute over assets, property, hurt feelings, power, and control.
Evidence in Parental Fitness Matters Can Make or Break Your Case.
The best way a parent can refute false allegations is to work from a position of strength. Put together a portfolio that shows commitment, effort, and dedication to your children on your part. Become an expert journalist. Focus on the facts, not your own opinions. Begin collecting evidence - from as early back as you can - showing your significant accomplishments and how you encourage your children to achieve their best. More evidence makes for a stronger case. In a parental fitness case, gathering evidence requires more than just committing everything to memory.
Use photographs, police reports, etc. as supporting exhibits. Things to keep notes on are comments the children have made about inappropriate or alienating parenting by their other parent, school issues, extra-curricular activities, medical issues, early or late pick-up times, incidents of potential abuse, your observations of bruises or scratches, missing items, late school work, telephone calls, or other problematic points.
If you state that you have been the parent that drove your child to school, get a copy of the sign-in sheet from school. If you allege that your spouse has been arrested for drugs, get a copy of the arrest warrant. If you claim that the other parent removed money from the family joint checking account, get a copy of the bank statement reflecting the removal of funds. If you state in your future custody plan that you have a new two bedroom home or apartment furnished, provide a photograph of the children's rooms. If you will be living one mile from the children's school, get copies of the lease or other documents showing your address along with a Map Quest.com printout reflecting that you are in fact living one mile from the children's school.
Clients Ask Our Attorneys, "My Husband is Alleging That I'm an Unfit Mother. What Can I Do About His False Allegations?"
Getting an attorney is the first step. Start to keep a calendar and a journal documenting everything you do. Try to the best of your recollection to recreate the past three to six months as well, writing down everything that you've done and everything that your husband has done. Be prepared to show the court that you are the primary caretaker of the children and that you are able to parent on your own and how fitness isn't an issue. Make a list of all the things you do for your children each day. Prepare a photo album of photos of you with your children, along with the cards, school work, activities, etc.
Your Life is An Open Book In a Parental Fitness Case
Just as you are documenting your case, so may be your ex- or the child's other parent. Keep in mind that you may be being followed by a private detective, your trash may be being picked up and sorted through, and your computer may be hacked.
If you are not already living a squeaky-clean existence, do so now. Upon divorce, or separation from your child's other parent, you must be very careful about your relationships. A parent must avoid exposing his or her children to any hint of impropriety, however vague or innocent it might be. Any indiscretion can be used against the parent will be used to try and convince the court that the parent is raising their children in a morally improper environment.
You Cannot Afford to Make a Mistake
One careless misstep by a parent can overturn a lifetime of good deeds. Think carefully about leaving phone messages, sending notes, showing up unexpectedly, calling the other parent's workplace, or creating a scene. Some of the most common blunders to avoid are leaving offensive messages or e-mails (that are later presented to the judge), using the children as go-betweens, or creating an argumentative scene in front of family, friends, or children (who would later offer witness testimony should the case go to trial).
Is Your Child's Other Parent Acting Inappropriately On the Internet?
Your intuition is the best indicator that something is wrong. If you suspect your child's other parent in acting inappropriately and conducting himself or herself contrary to what would be in your children's best interests, do some investigating by checking his or her Facebook, MySpace, Twitter, or LinkedIn account. Then, search singles and dating sites like Match.com or EHarmony.com. If you find disturbing evidence, print out the pages and present them to your lawyer as potential evidence of their inappropriate behavior.
Online relationships develop quickly because inhibitions are lowered, and the large number of opportunities makes the situation so easy. Think about it: people are online 24/7, there's an endless amount of people you can link up with who are there for the same reason; real life pressures fade away and it's easy to fall into a bit of a fantasy world.
Massachusetts Case Law is Clear Relating to Parental Fitness
The factors a judge may consider in parental fitness cases include the reports and testimony of court-appointed evaluators, evidence of the history of the relationship between the child and each parent, evidence of each parent's present home environment and overall fitness to further the child's best interests, and the judge's own impressions upon interviewing the child privately in chambers. Ardizoni v. Raymond, 40 Mass. App. Ct. 734, 738 (1996).
If Both Parents Are Deemed Inappropriate, Grandparent Rights May Become a Factor
When grandparents or other third parties have safety concerns for children or have served as the primary caretaker of the children, they can petition the court to be appointed as interested third parties. The petitioning party must prove some element of endangerment to the child, emotionally or physically, should the child stay with an unfit parent. Elements may include neglect, abandonment, domestic violence, psychological instability or chemical dependency.
Referrals Tell the Story of Our Success
The Massachusetts Family Law Group is a team of experienced, aggressive, and well-coordinated attorneys who provide intensive child custody-related litigation. We receive many referrals from other lawyers and satisfied clients, including opposing attorneys from former cases - a strong indication of our firm's success. To learn more about how we can help you, call (800) 763-1030 or e-mail us for a FREE, no-obligation consultation at any of our local offices.