The foundation of national morality must be laid in private families.
- John Adams

News

Issue Spot: Simplifying The Custody Process When One Parent Lives Out of State

Even under the best of circumstances, child custody and parents’ rights are fraught, complex issues.  If one parent lives in Massachusetts and one does not, it is even more stressful, and here’s why:

Under the Uniform Child Custody Jurisdiction Act (UCCJA) which is the current law in Massachusetts, the Commonwealth has jurisdiction over matters of child custody for a period of 6 months after the child has moved from Massachusetts to another state.  Every other state except Massachusetts operates under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

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The Issues

  • Alimony

    The BBA is a strong supporter of alimony reform in Massachusetts which would result in reasonable and accessible spousal support guidelines. Our recommendations have influenced much of the substance and debate in this area, and the BBA continues to advocate for a framework that would increase predictability and consistency in alimony orders.

  • Child Support

    The BBA endorses guidelines that promote predictability, fairness, and uniformity in orders of support for children and are workable for attorneys and pro se litigants alike. In January 2010, the BBA filed an amicus brief in Fathers & Families, Inc. v. Chief Justice for Administration and Management. In the brief, we argued that the Massachusetts Child Support Guidelines are constitutional.

  • Same-Sex Marriage

    The BBA believes that civil marriage is a basic civil rights issue fundamental to the freedoms and privileges guaranteed by the 14th amendment. In recent years, the BBA has taken other actions in support of same-sex marriage, including:

    In 2002, we filed an independent amicus brief in support of same-sex couples seeking the right to marry in Goodridge v. Dept. of Public Health. In the brief, we argued that denying civil marriage licenses violated the Massachusetts Constitution.

    In 2005, we drafted a brief supporting the position of Gay and Lesbian Advocates and Defenders (GLAD) in Cote-Whiteacre v. Dept. of Pub Health. We argued that the 1913 statute, which prevents non-resident couples from marrying in Massachusetts if that marriage would be void in their home state, was unconstitutional.

  • See More of Our Work

    For more information about our work in this area or to learn how to get involved, please email Kathleen Joyce, Director of Government Relations, at kjoyce@bostonbar.org.