Berson Mark PC

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We are a general Massachusetts practice of law with emphasis in: Divorce Alimony Child Support Custody Visitation Division of Property Prenuptial Agreements Guardianships Conservatorships Postnuptial Agreements Restraining Orders Never-Married Agreement Grandparental Visitation Removal of Children out of State Adoption Annulments Probate and Estate Litigation Same Sex Couples Conflicts between individuals in a marriage or other personal sharing relations are subject to resolution by the Probate and Family Courts within the Massachusetts Court System. The particular Court is usually determined by the location of the individual residence of the parties and/or where they last lived together. A Divorce is the dissolution of the marital relationship. If there are children, the Custody of the child (or children) is determined by the Court or by the Agreement. Custody may be either Physical or Legal. Legal Custody allows one or both parents to decide for the minor children (under 18 years of age), his or her schools, medical care, and religious affiliation. Physical Custody places the child in the home of one of the parents during a specified time. Physical Custody may be sole or shared. The Hague Abduction Convention The Hague Convention is an international treaty for the protection of children form abduction and retention across international boundaries. It provides a procedure to return the child or children to the proper foreign jurisdiction. It is the country which is the child’s "habitual residence." Our office provides legal representation to parents seeking the return of their child from a foreign country or the parent opposing the return of the child. The Court, usually the United States District Court, determines the following: 1.When the removal or retention took place. 2.The child’s habitual residence, prior to the date of removal. 3.Determine whether or not the petitioner had "rights of custody" and whether or not he or she exercised those rights at the time of removal. 4.Whether or not the removal or retention of the child is a breach of those custodial rights. 5.Determine whether any exceptions apply: such as consent, acquiescence, the child’s objection, the child is well settled for one year, human rights exception and/or if there is a grave risk to the child in returning the child. 6.If an exception applies, the Court must determine whether to exercise its discretion not to return the child to the foreign country. Annulment of a marriage means the Court declares the marriage never existed. There are two main types of cases that qualify for annulment: The Void Marriage: The couple is brother or sister (incestuous relationship); or One member of the couple is already married to another person (bigamy) Some marriages are not automatically void, but may be annulled by a Court provided there is sufficient evidence. Here are some examples: Prior to the marriage one member of the couple lied relative to a fundamental circumstance. A woman induced a man to marrying her without disclosing she was pregnant by another man; Prior to the marriage, a man failed to tell a woman that he is permanently physically unable to have sexual relations; One member of the couple is so mentally ill that he or she was unable to understand that the marriage was taking place an unable to consent to it; One member of the couple conceals from the other that he or she married solely to gain favorable immigration status in the United States; Prior to the marriage, either member of the couple fails to disclose he or she has a serious contagious disease. Extreme caution is necessary before filing a Complaint for Annulment. Visitation is the designation of the time and place for parents to visit with and receive visits from the child an...