Removal of Child due to Remarriage of Custodial Parent. The Appeals Court vacated a Probate and Family Court order denying the custodial parent’s right to remove the child to South Carolina where she had hoped to move in order to live with her new husband who lived on a military base there and remanded the case back to the trial court. Applying the “real advantage” standard for removal enunciated in Yannas v. Frondistou-Yannas, 395 Mass. 704 (1985), the Appeals Court held that “[a] sincere desire to be with a spouse is, per se, a good and sufficient reason that requires a finding that there is a real advantage to the custodial parent in moving.” Furthermore, the Appeals Court noted, that if the first prong of Yannas is satisfied, then the trial court must apply the second prong of Yannas, and determine whether the child’s best interests are served by granting the removal petition. Pizzino v. Miller, 67 Mass.App.Ct. 865 (December 26, 2006)
- Alimony
- Arbitration of Family Law Issues
- Attorney-Client Privilege
- Attribution of Income
- Beneficiary Designation
- Child Support
- College
- Contempt
- Dependency Exemptions
- Division of Assets
- Earned Bonus
- Earning Capacity / Imputed Income
- Earnings in a Sub-S
- Emancipation
- Financial Restraining Order on Assets
- Foreign Custody
- Grandparent Visitation
- Health Insurance
- Imputing Income
- Income Equalization
- Income of Second Spouse
- Inheritance
- Inherited Assets
- Joint Legal Custody
- Judicial Discretion
- Jurisdiction
- Life Insurance
- Marital Estate
- Mediation / Unauthorized Practice of Law
- Merger and Survival
- Modification
- Non-Disparagement Provision
- Parent Coordinator
- Parental Fitness
- Parenting Time
- Plan Document Rule
- Postnuptial
- Prenuptial
- QDRO
- “Real Advantage” Standard
- Restraining Order
- Retained Earnings
- Retroactive Support
- Rights of Unmarried Partners
- Same Sex Marriage
- Self-Employment Income
- Stock Options
- Valuation Date
