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Case Citations [1] (July 2017 through August 2018)

handle is hein.ali/alifm0032 and id is 1 raw text is: PRINCIPLES OF THE LAW OF FAMILY DISSOLUTION CHAPTER 2. THE ALLOCATION OF CUSTODIAL AND DECISIONMAKING RESPONSIBILITY FOR CHILDREN TOPIC 1. SCOPE, OBJECTIVES, DEFINITIONS, AND PARTIES § 2.03 Definitions Mass.App.2018. Subsec. (1)(c) cit. in cases cit. and quot. in disc. (citing § 2.03 of T.D. No. 4, 2000, which is now § 2.03 of the Official Text). State department of children and families filed a petition to terminate father's parental rights with respect to his child from a prior relationship. After a trial, the trial court terminated father's parental rights and determined that visitation between the child and his stepmother should be left to the discretion of the department, or of any adoptive parent or guardian, consistent with the child's best interests. This court affirmed, holding that stepmother was not entitled to court-ordered visitation as child's de facto parent, because the child lived with stepmother for less than two years, and the bond between stepmother and the child was far from nurturing. The court noted that the Massachusetts Supreme Court had indicated that the two-year requirement set forth in the Principles of the Law of Family Dissolution § 2.03 was a relevant factor, but not the sole factor, in determining whether an individual was a child's de facto parent. Adoption of Garret, 91 N.E.3d 1139, 1153. CHAPTER 5. COMPENSATORY SPOUSAL PAYMENTS TOPIC 2. ENTITLEMENTS BASED ON THE PARTIES' DISPARATE FINANCIAL CAPACITY § 5.09 Effect of Obligee's Cohabitation Del.2016. Com. (a) quot. in ftn. In divorce proceedings, ex-husband filed an appeal of a family-court order awarding, inter alia, alimony to ex-wife, alleging that ex-wife was disqualified from receiving alimony, because she had cohabited with another man for several months, even though the cohabitation ended months before the alimony hearing. This court affirmed the alimony award, holding that ex-wife was not disqualified from receiving alimony, because a spouse had to have received alimony before the alimony could be terminated due to cohabitation and, here, the cohabitation had ended before ex-wife was awarded alimony and she had not attempted to deceive the court. The court quoted Principles of the Law of Family Dissolution § 5.09, Comment a, for a description of the varied ways that states treated the effect of cohabitation on alimony. Jones v. Jones, 167 A.3d 499, 504. A L I , For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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