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December 3, 2007

Custody Labels or Parenting Plan?

Posted by Irwin M. Pollack, Esq.

Custody refers to a legal arrangement, while shared parenting responsibilities describe the actual activity between the adults. Often shared parenting, also called co-parenting, is interpreted to mean that parents are able to raise their children together, even if the parents...

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November 27, 2007

The Harm of Parental Alienation

Posted by Irwin M. Pollack, Esq.

Recently a client complained that she thought her husband was turning their children against her. Over the course of several months since the couple separated, whenever the children returned from a visit with their father, she said they seemed angry...

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November 21, 2007

False Accusations of Abuse

Posted by Irwin M. Pollack, Esq.

Twice in the past four months I have had to defend false accusations of abuse in child custody proceedings. While it is understood how both judges and the Courts choose to "err on the side of caution," refusing to grant...

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November 19, 2007

How to Cooperate With A Guardian Ad Litem Investigation

Posted by Irwin M. Pollack, Esq.

Once a Guardian Ad Litem has been assigned to your case, find out in advance what the evaluator's procedures will be so that you can prepare yourself emotionally as well as with any collateral information you wish to introduce into...

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November 12, 2007

Don't Ask the Court for Sole Custody Just to Get a Better Financial Package

Posted by Irwin M. Pollack, Esq.

When a client comes into our offices asking me about whether he or she should file for sole custody, it always makes me skeptical right from the start. Is this parent truly acting in the best interest of the child...

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October 12, 2007

Common Sense Rules for Co-Parenting

Posted by Irwin M. Pollack, Esq.

As a family lawyer, I'm pretty open about the fact that I've been divorced for almost 15 years. I never suggest it's easy co-parenting with a former spouse, but with some hard work between the two of you toward putting...

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September 20, 2007

Children's Bill of Rights

Posted by Irwin M. Pollack, Esq.

Some years ago, the American Academy of Matrimonial Lawyers assembled a committee which focused on the Special Concerns of Children. That committee published a "Children's Bill of Rights" which reads as follow: Every child should know he or she has...

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September 7, 2007

Helping Children Get Through Divorce

Posted by Irwin M. Pollack, Esq.

Helping children heal begins before any legal papers are filed, with how and when parents tell their children about their decision to break-up. The first words children hear about divorce should be from their parents, as soon after the decision...

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August 27, 2007

10 Tips for Divorcing Parents

Posted by Irwin M. Pollack, Esq.

Divorce is never easy on children, but there are many ways parents can help lessen the impact of their break-up on their children: Never disparage your former spouse in front of the children. Because children need to know they are...

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August 23, 2007

When One Parent Wants to Move Out-of-State

Posted by Irwin M. Pollack, Esq.

If you are divorced and you want to move out of state I have one piece of advice for you -- not so fast! Massachusetts has laws about moving out of state with your children. These laws are referred to...

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July 15, 2007

Establishing the Status Quo

Posted by Irwin M. Pollack, Esq.

It takes close to a year, if not longer, before a Complaint for Divorce or a Complaint for Modification to make it to trial. Accordingly, that's why the Court will often entertain a motion (request) for temporary orders. Here, you're...

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July 5, 2007

Is it Time to Go Back to Court?

Posted by Irwin M. Pollack, Esq.

When things change over time - and they do - it is not uncommon for one spouse to file a Complaint for Modification. Here, you are asking the court to modify a prior order because things have changed since the...

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June 27, 2007

What Guardian Ad Litems Look for in Investigations

Posted by Irwin M. Pollack, Esq.

Whenever a child is involved in a family law court case, it is common for everybody to be represented by an attorney except for the child. The Guardian Ad Litem (GAL) is a person appointed by the court to represent...

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June 11, 2007

Child Custody Checklist

Posted by Irwin M. Pollack, Esq.

Earlier this week, I was preparing my client for what is bound to be a rough custody dispute. The first exercise I suggested that she consider was to create a chart to rate herself and her spouse in the areas...

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June 7, 2007

6 Things to Do Before You Even Think About Initiating a Custody Case

Posted by Irwin M. Pollack, Esq.

There are six things you must do before you act on any thoughts you have about filing for custody. It's important to be certain that you have done the things you need to do to feel good about your decisions....

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May 23, 2007

View Things From "The Little Chair"

Posted by Irwin M. Pollack, Esq.

Most people - going through a divorce or not - would agree that there are usually two sides to every story. In the case of divorce and child conflict, you may want to consider that there are at least...

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May 18, 2007

Do You Have a Cheating Spouse?

Posted by Irwin M. Pollack, Esq.

Unfortunately, infidelity crops up among couples of every age group, financial demographic and ethnic group, says private investigator Julia Hareley Moore in her book Infidelity Sleuth. While betrayed women often remain committed, the accompanying stress can take years off your...

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April 30, 2007

Parenting Apart

Posted by Irwin M. Pollack, Esq.

When parents live together, they raise their children together. When one parent is busy, working or sick, the other is usually there for the children. When one parent is angry or depressed, the other can step-in to protect their children...

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April 26, 2007

When it Comes to Divorce Anger .... Cool It!

Posted by Irwin M. Pollack, Esq.

When I advise divorcing clients, I encourage cordial and reasonable negotiations - otherwise, the uncontested matter can go south very quickly! What I have noticed, however, is that older clients are often more vindictive toward on another than the younger...

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April 24, 2007

Divorce & Taxes

Posted by Irwin M. Pollack, Esq.

Earlier this week, a client had been referred to my office seeking representation for an imminent divorce matter. As I asked a few preliminary questions, he stopped me. "I'm the sole proprietor of a hardware chain and I've done a...

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April 13, 2007

The Principle Behind Child Support

Posted by Irwin M. Pollack, Esq.

Every state has laws (statutes) relating to child custody. In Massachusetts, child support "guidelines" have been formulated to be used by Probate and Family Court judges, whether the parents of the child are married or unmarried, in setting any temporary...

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April 3, 2007

Who Gets the Children?

Posted by Irwin M. Pollack, Esq.

This past weekend, a client asked me what I thought his chances were in winning custody of the couple's two children. This common question brings up two important points worth addressing: First off, there is a rebuttable presumption that some...

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March 30, 2007

Welcome!

Posted by Irwin M. Pollack, Esq.

Since you're reading this, you must be either a client of our firm or parent involved in an imminent or ongoing divorce or custody battle. We are glad you are here both sharing and participating in our new blog --...

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