Massachusetts Cases Provides Guidance for Child Custody Issues in Same-Sex Divorces

Massachusetts was a leader in its early recognition of same-sex marriages. Logic dictates that the Commonwealth will also have more experience with same-sex divorce and family law matters, including child custody and support issues in cases involving the dissolution of a same-sex marriage. Three Massachusetts cases do, in fact, reflect that experience. In a 2006 same-sex divorce case (A.H. v M.P., 447 Mass. 828), one partner never adopted the child of her partner, although she was well aware of the importance of pursuing a formal adoption. Her former partner was the child’s primary caregiver. The court determined that she had no legal right to parenting time and had no support obligations as a “de facto” parent. The result in this case indicates how critical it is for one partner in a same-sex marriage to adopt the other partner’s biological child if the first partner desires to continue to have a
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Dealing with False Allegations During Child Custody & Divorce

It seems like everyone knows a story about false allegations during child custody and divorce. One spouse points the finger at the other and receives a restraining order from the court. The wife or husband recognizes that doing this will, almost by default, give them custody of the children and exclusive use of the family home. The accused parent then must defend themselves in court and prove these allegations false. While false accusations are a legal mess, it is also terrible to have someone who you once shared a life make claims of either abuse or neglect. It is something no one is ever really prepared for. You may feel you should reach out to your soon to be ex-spouse, but this can actually make things worse for you. Additionally, trying to make contact could be used against you. It is not unheard of for there to be accusations of
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