Springfield MA Family Law Blog

For families with special needs children, life looks a little different from the average family. This doesn't mean you love your children any less, it just means that your responsibilities and center of focus can be different from parents who do not have special needs children. Divorce, though, can give rise to certain considerations when these parents decide to divorce.. This is why it is often wise to work with a qualified legal professional when dealing with marriage dissolution.

The emotional toll that a divorce can take on a child, let alone a special needs child, is of course very important. Ideally, a divorce would leave a child in a happy and healthy condition. However, change can be particularly difficult for special needs children. This can be for a variety of reasons, but often it's because they have a hard time adapting to change or they have a hard time understanding the why behind the divorce, which can cause a lot of stress for the child.

Any parent could tell our readers just how tough it can be sometimes to raise a child. However, sometimes it is the parent who is going through tough times and, as a result, the child is the one who needs help. In some cases, that means that a guardian must be appointed to care for the child, even if it is on a temporary basis. In these situations, all parties involved will need to make sure that they are taking the right approach to attain what is best for the child.

Unfortunately, it isn't always easy to determine what the right approach is in these circumstances. Parents could be temporarily unable to care for a child for a wide variety of reasons, and sometimes there isn't always another willing adult ready to step up and care for the child. After all, taking care of child is a considerable job. As a result, parties on all sides of a guardianship issue will probably end up with a laundry list of questions and concerns.

Our readers in Massachusetts know that divorce can have a substantial impact on the lives of all involved, which oftentimes includes a soon-to-be ex-spouse and their children. In a divorce case, property and debt will be divided, alimony might be debated, and child custody and support can become hot-button issues. As the legal process unfolds, it can put a strain on any given person's emotional health. So, how do you address the emotional toll of a divorce case?

Well, for starters, it is probably most important to keep the end-goal in mind. Although many couples decide to get a divorce because they see no other alternatives, most get involved in this process because they think that everyone who might be impacted will be better off if the married couple is no longer together. Sure, there is an immediate impact on children, for example, but won't those kids be better off in the long-term if their parents aren't arguing all the time or engendering an overall negative vibe in the household because of their strained relationship? Keeping the long-term goal of a divorce in mind is crucial.

Divorce in Massachusetts centers on the divorcing couple and any children they may have. One group that routinely receives virtually no attention in the divorce process is grandparents. Most people might think that grandparents have only an ancillary interest in visitation with minor children after a divorce has been finalized. In many situations, however, the grandparents may be the child's best hope for a stable environment and adequate financial support.

Massachusetts law is fairly restrictive in specifying visitation rights for grandparents. Grandparents who desire regularly scheduled visitation with their unmarried minor grandchildren must petition the court that granted the divorce for visitation rights. If the divorce was finalized in another state, the petition must be filed in the county where the child currently resides. The right to file such a petition is conditioned upon the existence of one of the following circumstances: the child's parents are divorced or are living apart, either or both of the child's parents are deceased or the child was born out of wedlock and its paternity was adjudicated by a court of competent jurisdiction. The acknowledgement or finding of paternity is not required in cases where the petition for visitation is filed by the child's maternal grandparents. The granting of a petition depends upon the court's finding that such visitation rights would serve the best interests of the minor child.