Law Office of Kim-Marie Phelan, LLC

How can I establish paternity if my child’s mother is married to someone else?

Law Office of Kim Marie Phelan

A father petitioning for paternity needs to have a full understanding of the legal process. Fathers who are unmarried in the Commonwealth of Massachusetts can establish paternity in two ways. The first route is a voluntary process that utilizes a form known as a Voluntary Acknowledgement of Parentage. This is a document signed by both the child’s mother and father, confirming the singing male is the legal father. This form is typically presented to the parents at the hospital when the child is born. The second route is through an involuntary process, which involves filing a complaint to establish paternity. However, if the mother was married to someone else when

Divorce When Only One Partner Lives in Massachusetts

Law Office of Kim Marie Phelan

Many married couples live separately, even across state lines, for reasons which have nothing to do with the health of their marriage. However, when living across state lines from each other, couples may find their marriage at a crossroads and begin considering divorce. Perhaps distance has created serious problem in the relationship or laid bare preexisting problems. Perhaps one partner has moved away, even across state lines, as part of a trial separation. Or perhaps a history of domestic violence and a need for safety has compelled one spouse to put considerable distance between his or her person and the other spouse. As the coronavirus pandemic continues to disrupt life,

Get the Facts About Parental Rights, Paternity Testing, and Child Support

Law Office of Kim Marie Phelan

As far as the Massachusetts courts are concerned, both mothers and fathers have legal rights and obligations when it comes to children. However, a child born to unmarried parents doesn’t automatically have a legal father. The mother is given sole legal and physical custody until paternity is established. For married couples, the husband is presumed to be the biological father and is responsible for financial obligations. As a presumed father, if you believe you are not the biological father, meeting with an attorney to rebut presumed paternity is a time-sensitive matter and needs to be addressed as soon as possible. In order for an unmarried biological father to be established,

If my ex purchased our marital home before we were married, can I request the house as part of my divorce settlement?

Law Office of Kim Marie Phelan

The simple answer is yes, you can request the marital home as part of your divorce settlement. However, divorcing couples may request specific assets during the division of property, but that doesn’t mean their request will be awarded. Massachusetts law requires the division of property in a divorce to be equitable. This means property division must be fair, though not necessarily equal. Massachusetts law allows a judge to divide all property regardless of when it was acquired or which spouse actually owns it. When dividing assets, such as property, a judge will consider the length of the marriage, the present and future needs of any dependent children, each spouse’s income

Am I Allowed to Date if My Divorce is Pending?

Law Office of Kim Marie Phelan

Divorce can be a lengthy process, and for many divorcing couples, the marriage is over emotionally long before a divorce is legally pursued. It’s not uncommon for a spouse to consider dating while their divorce is pending. The short answer to the question ‘to date or not to date’ is that there is no law in Massachusetts that prevents spouses from dating after separating or divorcing. So yes, you are allowed to date when your divorce is pending. However, before diving into the dating pool, you should be aware of the potential legal and financial consequences. Keep in mind, under the law, you are considered to be legally married until

What is co-parenting, and how do we do it once we are divorced?

Law Office of Kim Marie Phelan

Co-parenting describes a parenting relationship in which the two parents of a child are not romantically involved but still assume joint responsibility for their child’s upbringing. The extent to which parents can effectively co-parent significantly impacts how children will adjust to the transitions associated with a separation or divorce. Parents are responsible for major-life decisions, like those concerning religion, discipline, finances, morality, recreation, physical health, education, and emergencies. Whether married or divorced, agreement on these matters can differ but should be discussed and made jointly. It’s not uncommon for parents to be uncooperative with one another during a divorce. This usually stems from hurt feelings or unresolved anger, grief, or

Divorcing During COVID-19

Law Office of Kim Marie Phelan

When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you’ve been contemplating divorce for a while or the stress of recent events has become the straw to break the camel’s back, so to speak, our attorneys can help you understand the divorce process and your options. During these unprecedented times, we are all taking a look at our lives and examining our relationships. Perhaps the tiny cracks in your relationship have turned into irreparable gaping holes. With a newfound outlook on how we see our futures, some couples may decide to part ways. If you’re among those wondering if you

Staying Safe and Saying NO to Domestic Abuse During COVID-19

Law Office of Kim Marie Phelan

Strict stay-at-home orders implemented for safety have placed abuse victims directly in harm’s way. Safety measures recommended to limit the spread of the coronavirus pandemic have led to a rise in domestic abuse. For many, this is not a surprise as domestic violence goes up whenever families spend more time together. With families in quarantine and isolation worldwide, stress-levels are at an all-time high. The uncertainty of the future can increase anxiety for many. Coupled with unemployment and financial stress, tension among households is sure to rise. With the children at home all day, empty refrigerators, low bank funds, and forced interactions, families everywhere are facing conflict, creating the perfect

Co-parenting in the Face of Coronavirus

Law Office of Kim Marie Phelan

Amid the spread of COVID-19, we are all facing unprecedented times. As this pandemic continues, regulations regarding safe practices change daily. One thing on the mind of parents sharing custody is whether or not their court order is enforceable. Rest assured, custody, parenting plans, and placement are in effect and continue to be enforceable during this period of time. Court-ordered arrangements remain obligatory and should be followed accordingly. Any parent planning to use the pandemic as a reason to deny access to another parent can expect the courts to come down hard on parent agreement violations. Many judges view time of crisis to be particularly critical times for children to

What is a Guardianship?

Law Office of Kim Marie Phelan

Guardianship is a legal arrangement that allows one party—whether that be a concerned individual, a lawyer, or even an organization—to make personal and legal decisions on behalf of an individual who is not fully capable of doing so himself or herself. This is in contrast to a conservatorship, which grants the right to make financial decisions and handle the financial assets of an individual who is not able to do so. Where large amounts of money are involved, a conservator is usually appointed alongside a guardian. Often a guardian and conservator will work together to make sure the guardian has enough funds on hand to provide for the daily needs

Law Office of

Kim-Marie Phelan LLC

Legal Blog

How can I establish paternity if my child’s mother is married to someone else?

Divorce When Only One Partner Lives in Massachusetts

Get the Facts About Parental Rights, Paternity Testing, and Child Support

If my ex purchased our marital home before we were married, can I request the house as part of my divorce settlement?

Am I Allowed to Date if My Divorce is Pending?

What is co-parenting, and how do we do it once we are divorced?

Divorcing During COVID-19

Staying Safe and Saying NO to Domestic Abuse During COVID-19

Co-parenting in the Face of Coronavirus

What is a Guardianship?

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