Dec
28

Grandparents Take Note

Grandparents, take note. I expect that you will readily nod your head when reading: parents have a Constitutional right “to make decisions concerning the care, custody, and control of their child[ren]” Blix v. Blixt, 437 Mass. 649, 651, 655 (2002), and yet not fully grasp the legal and practical implications of the Blixt holding. If… Continue reading »

Dec
11

So, What Makes a Good Client? Revisited

In the summer of 2011, I wrote an article about what makes a good client. Since then, I have noticed that there are more specific qualities that I feel need to be present. So, what makes a “good client?” The glib answer, for many attorneys, continues to be simply: a client who pays their bills!… Continue reading »

Dec
11

The Birds and the Bees…and the Egg Donor and the Agency?

With the advent of emerging technologies come new ways to start a family. Infertile couples and individuals now have a variety of options to become parents, from egg and sperm donation to surrogacy and embryo preservation. Such technologies are a dream come true for those who want children but cannot conceive. The law, however, is… Continue reading »

Dec
11

The End of Fishing Expeditions – Proportional Discovery Comes to the Federal Courts

The concept of relevance and how it impacts discovery can be strange for clients. Under Rule 26 of the Massachusetts Rules of Civil Procedure, a litigant is entitled to seek discovery regarding anything that is relevant to the case. For something to be discoverable it does not need to be admissible itself, but rather reasonably… Continue reading »

Dec
11

November is National Adoption Month

November is National Adoption Month. In the past, I have written about the probate courts opening their doors, judges clearing their dockets and making adoption a priority in the month of November. This process quickens the pace to allow children who have been waiting for permanency their day in court. However, I am troubled by… Continue reading »

Dec
11

Substituted Judgment: Limits to a Guardian’s Powers

Every day judges in the Probate and Family Courts appoint guardians of minor children if their parents are deemed unfit, unavailable or deceased. Once appointed, a guardian has almost the same powers and responsibilities of a parent regarding a child’s support, care, education, health and welfare. The guardian can make many routine decisions about the… Continue reading »

Dec
01

It’s Never Too Late

When most of us think about adoption, the image of a child with an eager adoptive parent or couple comes to mind. The understanding is that this new parent will take the child in and raise him as his own, creating a bond between new family members. What many would be surprised to learn, however,… Continue reading »