You Have a Right to an Attorney, But Only if Your Case is “Meritorious”

BREAKING NEWS! The Massachusetts Supreme Judicial Court has ruled that an indigent, unrepresented parent(s) seeking to 1) remove a guardian or 2) modify the terms of the guardianship “by seeking a substantial change in the provisions for visitation,” is entitled to have an attorney appointed, “provided the parent presents a meritorious claim.” See L.B. & […]

Parental Fitness or Best Interests of the Child? Balancing the Interests of Parent and Child in Custody Disputes

How does a court determine who gets custody of a child? “Parental fitness” and “the best interests of the child” are standards that are used together to make custody and guardianship decisions in Massachusetts. See Veronica Serrato, “Case Comment: Best interests of the child versus unfitness of the parent: Unraveling the intertwinement,” 94 Mass. L.R. […]