Bullet Proof.


We hate being caught off guard in court. Can we change course as needed? Of course BUT it’s much easier and way more effective to be prepared than to get hit with a stray bullet.

One of the most important ways that we prepare our arguments is to analyze evidence. The best evidence is a written document which impactfully supports whatever it is that we are trying to prove or disprove; the ‘writing’ can be anything from a receipt or an email to a transcribed deposition.

What makes our job the most difficult is not having any evidence to support our position. Without evidence, it is merely an allegation and typically determined to be hearsay. If the other side has evidence and we do not, it is almost impossible to convince a judge to make a decision in our favor, even with the best verbal argument.

We often find that clients think that their “evidence” proves something in their favor when, in fact, it actually supports the other party’s position. Although disappointing for our clients when we give them this perspective, our goal is always to set a realistic expectation.

So, please, support your local attorney by helping them to help you. As always, we appreciate that you’ve taken the time to read our newsletter!

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Ozzy.


We recently asked on our Facebook page for suggestions of songs that might inspire a newsletter and someone suggested Mama I’m Coming Home by Ozzy Osbourne. What a great song and excellent suggestion!

Our minds immediately started going in different directions. Rather than focus on just one of the topics, we’re going to share the variety of thoughts that we had when we started pondering what to write.

Our first thought was directly related to the person who offered the suggestion and who happens to be an adoptive parent. We are fully aware that the song is not about adoption; however, when we read the comment, we could “hear” little voices, excited to find their forever home with their Mama.
We believe that the intended meaning of the song is related to being welcomed “home” after significant personal struggle, including addiction and infidelity. So often, we see couples struggle to figure out how to rebuild a relationship and regain some level of trust. Some couples can work through it, but not always. It’s a personal decision, but one that we see clients struggle with all the time.
There is a very fine line between “how was your visit” and “tell me everything that you did” when a child returns home from parenting time. While the linguistic difference may be slight, there is a different, understated tone that can create stress for a child or the imply intrusiveness by a co-parent. Believe it or not, this is one of the most frequently discussed reasons for frustration amongst co-parents and the primary reason that parenting classes exist.*
Of course, there is the reality of Ozzy’s health; clearly, Ozzy is not well and his quality of life is quite poor. We suspect that the song took on a deeper meaning last week, whether religious or spiritual, as he returned home after his last performance ever and looked towards his final days.

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The Rain.

Hear us out on this one: songs about breakups and cheating are some of the most popular and best ever written. If you so a simple online search, the lists are endless.

“The Rain”  by  Oran Juice Jones came on a few days ago and it was an instant catapult back to middle school.  Although it is probably not one of the greatest songs of all time, it was definitely an anthem in the 80’s:

While listening (and singing really badly), the adult, family law attorney kicked in and started thinking about all of the great songs written about infidelity. Here are some of our favorite songs (in no specific order) about cheating on your spouse:

1. Jolene by Dolly Parton
2. Girl Crush by Little Big Town
3. Lucille by Kenny Rogers
4. Before He Cheats by Carrie Underwood
5. It Wasn’t Me by Shaggy
6.  Hit ’em up Style by Blu Cantrell
7. You Ought to Know by Alanis Morissette
8. Cry Me a River by Justin Timberlake
9. Creep by TLC
10.  You Know I’m No Good by Amy Winehouse

Which is your favorite on the list above and in general? You know we love to be introduced to new music!

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#IYKYK


Does your gut ever speak to you? If so, do you listen to what it tells you? Practicing law is not only a combination of knowledge and experience, but also of instinct (and believe it or not) and morals.

We recently had a case where our client had some significant mental health concerns. At the beginning of the case, he voluntarily enrolled in an one month, impatient treatment program. After some discussion, we agreed that we would delay any negotiations until he had completed the program.

Soon after he completed the program, we resumed negotiations. During what should have been an easy conversation, his mannerisms became way more intense and erratic. The uneasy feeling spiraled in well under two hours and an immediate judgement call needed to be made: Could our client continue to negotiate the matter or did the case need to be halted immediately (and essentially without asking him) to protect him from himself? In this case, instincts and morals made the quick decision.* #IYKYK

* Having a M.Ed. in counseling and previous career in mental health probably didn’t hurt in this situation; however, having not practiced in that sphere for a long time, I also needed to be careful to stay in my legal lane.

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New year, new law.



Effective as of January 1, 2025, the Commonwealth of Massachusetts had implemented the Massachusetts Parentage Act (“MPA”). The MPA has expanded parenting relationships by:
* Replacing the terms “mother” and “father” with “parent” and “person who gave birth;”
* Creating a process for children establish parentage; and
*Clarifying ways in which parentage can be defined (ie. giving birth, adoption, voluntary acknowledgement, court order, presumption, genetic connection, de facto, or intended parentage).

It will be really interesting to see how these new laws will be further defined in future years. We expect that there will be a tremendous amount of litigation surrounding presumption, genetic connections and intended parentage.

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