Laurie Israel

Smith v. McDonald — New SJC case about moving out-of-state with child

December 20, 2010 by  
Filed under Divorce, New Cases

The Massachusetts SJC again weighed in on the removal issue  in Smith v. McDonald, SJC -10670, December 14, 2010.  In this case, a unmarried mother moved to Batavia, New York, 400 miles away from the father, with their 6 month old child.  Since the child’s birth, the father had pursued a relationship with the child.  He visited him, and voluntarily providing child support.   The mother moved to be near her mother and step parent, and to provide a place where aless expensive cost of living would have made it easier to take of her son.

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Laurie Israel

Two New Massachusetts Case on Child Removal

September 27, 2010 by  
Filed under Divorce

In September 2010, the Massachusetts Appeals Court issued two new decisions relating to “removal” of children by a custodial parent out of state or to a different part of the state, Katzman v. Healy (No. 09-P-2341), and Altomare v. Altomare, (No. 09-P-585).

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Laurie Israel

When a Parent Wants to Relocate with a Child

November 19, 2009 by  
Filed under Divorce

Copy of Laurie-Israel-013 2nd Twitter copyWe live in a very mobile society. People come to Massachusetts for their education and for job opportunities from all over the U.S. and foreign countries. This poses a problem when a spouse wishes to go back home  after a divorce– to their state (or home country) where their extended family lives and want to take the children of the marriage with them.  (The technical term for this is “removal”. )

The problem also comes up with job loss and employment opportunities for a spouse who has joint or primary custody of the children. It is a difficult problem for spouses to deal with even in an ongoing marriage. So when spouses are divorcing (or have already divorced), when the level of cooperation and good will may be at a lower point, it is especially difficult.

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