Law Offices of Andrew S. Guisbond

When can Massachusetts issue an emergency custody order?

2026-07-21T08:23:47Z

If you believe your child may be unsafe with the other parent, waiting for a regular custody hearing can feel too risky. Massachusetts courts can respond faster when the facts show an urgent threat, but they reserve emergency relief for situations that cannot safely wait. The first question is whether the circumstances call for prompt court intervention.

Situations that may justify emergency intervention

Emergency custody usually involves a serious and current threat. A judge may intervene when your child has suffered abuse, lacks proper care, faces danger because of substance misuse or may be concealed from you. This temporary authority can also apply when another state normally controls the custody case, provided your child is physically present in Massachusetts and faces one of these emergency conditions. A late exchange, poor communication or disagreement over parenting choices can still matter, but those problems do not usually justify emergency relief.

Process for bringing an emergency request before the court

If one of these urgent situations applies, the next step is to bring the concern before the proper court without unnecessary delay. You can seek an immediate custody order through a new or pending case in the Probate and Family Court. The filing process generally involves these steps:

File a motion for temporary orders: State the custody or parenting-time protection you want.
Attach the required documents: Include an affidavit describing the emergency and a proposed order explaining what you want the judge to approve.
Ask for immediate review: An ex parte request asks the judge to consider the matter before the other parent receives notice because delay could place your child at further risk.

These documents help the court decide how quickly the matter should proceed.

Evidence needed to support the request

Filing the right documents starts the process, but the court still needs a reliable basis for urgent action. Helpful evidence may include:

Police or medical records: These may document abuse, injury or another safety concern.
Messages or emails: Threats, admissions or plans involving your child may support your account.
Photos or school records: These can show injuries, absences or changes in your child’s condition.
Witness information and a timeline: Direct knowledge and organized dates can help confirm what occurred and why the concern is urgent.

In complex parenting disputes, organized proof helps the court distinguish a current danger from concerns that belong in the ordinary custody process.

Possible outcomes after the judge rules

The judge may grant the motion in full, approve only part of it or deny emergency relief. A temporary order could change custody, require supervised parenting time or limit contact. If the judge denies your request, you may still seek ordinary temporary orders through the standard process. When the judge acts before the other parent receives notice, the court may schedule another hearing so both sides can present evidence and respond.

The effect of delay on an emergency claim

Emergency custody relief addresses a present threat, so waiting can make the need for prompt action harder to establish. Preserve messages, records and other proof as concerns arise, then seek guidance on the correct filing process. When your child faces immediate danger, emergency services may need to respond before the court can act.

How trusts affect property division in Massachusetts divorce

2026-06-26T13:02:26Z

If you have a trust and are considering divorce, you may have one pressing question: Will that trust become part of the divorce? The answer is not always straightforward. Courts look beyond the existence of a trust when deciding how it fits into property division under Massachusetts law. Whether a parent, grandparent or another family member created the trust, its terms and the rights it gives you as a beneficiary can influence the court's analysis. Knowing what courts consider can help you better understand the financial issues that may arise during your divorce.

Not all trusts receive the same treatment

Courts examine the trust itself before deciding how it fits into your divorce. Some of the factors they may consider include:

Whether the trust is revocable or irrevocable
Whether the trustee must make distributions or may decide when to make them
When the trust was created
Who established the trust
What rights the trust gives you as a beneficiary

These factors help the court determine how your rights as a trust beneficiary may affect the financial issues in your divorce. Two trusts with similar assets may lead to different outcomes because they give beneficiaries different rights.

Your rights as a trust beneficiary may affect your divorce

Another key question is what rights you have as a trust beneficiary. If you have a legal right to receive distributions, the court may evaluate your situation differently than if distributions depend entirely on the trustee's discretion. The court may also consider how much control you have over the trust and whether you have received regular distributions in the past. Together, those facts help the court determine how your trust may factor into your divorce.

How the trust was used during your marriage

The court may also consider how trust assets or trust income factored into your finances during the marriage. Examples include:

Paying household expenses
Purchasing the marital home
Supporting a family business
Covering educational expenses
Providing regular income for family living expenses

Using trust assets in these ways does not automatically make them marital property. Instead, the court considers those facts along with the trust's terms and your rights as a beneficiary when evaluating the financial issues in the divorce.

Your trust may affect more than property division

Property division is only one part of the financial picture. Trust income may also become relevant when the court evaluates alimony or child support. If the trust owns a business interest or investment assets, those holdings may also require valuation during the divorce process. For that reason, a trust may affect several parts of a divorce, even if the court does not divide the trust itself. Because every trust has different terms, courts evaluate each case based on the trust's language and the specific facts of the marriage.

What signs suggest your spouse might be hiding assets?

2026-06-04T12:41:50Z

Divorce can be an emotionally challenging time. Unfortunately, it may also bring out dishonest behavior in some individuals. When significant assets are at stake, you might wonder whether your spouse is being completely honest about finances. Below are potential warning signs that could suggest your spouse might be hiding assets during this difficult process.

Unusual financial behavior and documentation issues

You may want to pay attention if your spouse suddenly becomes secretive about their finances. If someone who previously shared banking information now guards passwords closely or refuses to talk about accounts, this behavior change could be a red flag. Additionally, if financial documents begin disappearing from your home or if you notice gaps in bank statements and tax returns, you might want to investigate further. Another thing to watch for involves lifestyle inconsistencies. If your spouse claims to have little income yet continues living an expensive lifestyle, buying luxury items or taking costly trips, you might question where this money comes from. Similarly, if your spouse suddenly transfers money to family members or close friends, this activity could be an attempt to hide marital assets for now.

Business and income irregularities

For spouses who own businesses, there are other things you may want to keep an eye out for. A sudden drop in business income right before or during a divorce is heavily scrutinized by Massachusetts courts. If a spouse intentionally defers bonuses or contracts, the court can impute income based on their true earning capacity under established Massachusetts case law. You might also want to watch for tricks involving debts. Your spouse might claim they owe money to friends or family members when these debts do not actually exist, or they could overpay bills on purpose with plans to get refunds after the divorce ends. If you notice these warning signs, you might consider consulting a forensic accountant. They could help track money movements and find hidden accounts or assets. Protecting your financial interests during divorce is important. Staying alert about possible hidden assets can help ensure a fair settlement for both parties involved.

Marrying an entrepreneur? A prenup protects you too

2026-05-08T14:05:20Z

If you plan to marry an entrepreneur, founder or business owner, you may expect conversations about long work hours, financial risk and future growth. What you may not expect is how complicated those issues can become if the marriage later ends in divorce. A prenuptial agreement can help you address those concerns before marriage. Many people assume prenups only protect the wealthier partner. In reality, a prenup may also protect you if you expect to make personal, financial or career sacrifices during the relationship.

Entrepreneur marriages may create financial imbalance

If your future spouse owns a business, their assets may grow quickly during the marriage. A startup that seems small before the wedding may become far more valuable years later. You may also make personal or financial sacrifices that support the business and household. Without a prenup, you and your spouse may later disagree about:

Whether business growth should count as marital property
How stock options or ownership interests should be divided
Whether career sacrifices should affect financial support
Who should take responsibility for business-related debt
How parenting and household contributions should factor into financial decisions

These disputes may become emotional and expensive, especially if the business grows substantially during the marriage.

Ways a prenup may protect you

A carefully prepared prenup may protect you as well as your future spouse. Depending on your situation, the agreement may address:

Financial support if you leave the workforce
Rights involving future business growth
Protection from business-related debt
Division of property during divorce
Retirement savings and separate property

These conversations may feel uncomfortable at first. Still, discussing financial expectations early may help you avoid confusion and resentment later. A prenup may also help you avoid lengthy court battles over business valuation. That may become important if your spouse owns a company tied to employees, investors or family income.

A prenup should reflect both partners’ interests

Massachusetts courts may refuse to enforce a prenup if it appears unfair or if one person signed under pressure. Courts also review whether both people fully disclosed their finances before signing. A balanced prenup should reflect the reality of your relationship, including the financial and personal contributions each person expects to make during the marriage.

Why planning early may help protect your future

Discussing a prenup does not make you greedy or distrustful. If your future spouse owns a business or expects substantial financial growth, asking questions about your financial future is reasonable. In many marriages, one person builds the business while the other takes on personal, career or family sacrifices that help support that success. A prenup may give both of you a chance to discuss those realities openly before marriage. If you plan to marry someone with business interests, stock compensation or much higher earning power, a prenup may help protect your financial security while reducing future conflict.

6 types of income that count toward your alimony order in Boston

2026-04-13T14:36:45Z

Most people assume alimony is simply a slice of a paycheck. However, in Boston's high-stakes economy, that assumption can cost you. If you earn bonuses, run a business or hold investment accounts, far more of your financial life may count toward a spousal support order than you expect. In fact, under the Massachusetts Alimony Reform Act, courts define income broadly using the term ‘gross income’. Hence, knowing exactly what qualifies is essential whether you are the one paying or the one receiving alimony.

How Massachusetts courts determine alimony

Massachusetts courts usually focus on two key factors when setting alimony: your total income and your ability to pay. Judges carefully review both spouses' financial situations to ensure the lower-earning spouse can maintain a reasonable standard of living after the divorce. This is why where your money comes from matters just as much as how much you earn. Your alimony order will not rest on your salary alone. Thus, understanding which income types the court considers is the first step in preparing for your support order.

Six income types that count toward alimony

Massachusetts courts cast a wide net when reviewing your complete financial picture. Your support order may reflect more than just your regular earnings. Here are the six income types that can factor into your alimony calculation:

Employment earnings: Your base salary, wages, overtime pay, commissions and bonuses all count as gross income and directly influence how much support the court may order.
Self-employment and business profits: Courts evaluate your actual cash flow rather than just your taxable income, which can result in a higher figure than your tax return suggests.
Investment income: Dividends, interest, royalties and capital gains all count toward your gross income and may increase your alimony obligation.
Retirement and social security: Massachusetts courts count pension payments, retirement benefits and Social Security disability benefits as part of your income.
Rental income: Any money you earn from renting out property counts as income under Massachusetts law.
Other Sources: Lottery winnings, tax refunds, insurance compensation and certain inheritances may also factor into your support order, depending on your circumstances.

This is how alimony calculations go far beyond just a single paycheck. With so many income sources in play, your financial picture is more complex than you may realize.

Protect the future you’ve worked hard to build

Sorting out alimony during a divorce is stressful especially when your income comes from multiple sources. Every financial decision you make now can have a lasting impact on your future. Therefore, understanding how Massachusetts courts define gross income is a strong first step, but navigating the full picture on your own can feel overwhelming. Fortunately, you don't have to work through it alone. The right knowledge and guidance can help you approach your support order with clarity and confidence, so you can move forward knowing that your financial future is in good hands.

Can we keep the house for the kids? Understanding deferred sales

2026-03-18T09:39:20Z

The family home is often the largest asset in a divorce, and deciding what to do with it can be emotionally and financially taxing. Since the house remains an anchor for the family, you might be wondering if you really need to sell it right now. While Massachusetts lacks a specific statute for deferred sale, you may delay the home sale for a specific period to maintain stability during your children’s school years.

Understanding equitable division and the marital home

In Massachusetts, the court has broad discretion to determine the equitable division of property. While the law aims for a fair distribution of assets, a judge may award one spouse exclusive use and possession of the marital home for a specified period. This arrangement is not a deferred sale in a formal statutory sense, but rather a component of a comprehensive separation agreement or a court order designed to maintain stability during a child's formative years.

Outlining the concept of a deferred sale

If you and your spouse decide to delay the sale of the home, the separation agreement must cover these factors:

Conditions that trigger the eventual sale
Instructions on who pays the mortgage, property taxes and insurance
Guidelines on who handles the home’s maintenance and repairs
Agreement on the distribution of proceeds later

Precision in these provisions is important to avoid future litigation.

Considering the court’s discretion

Even if both parents agree that staying in the home is best for the children, a Massachusetts Probate and Family Court judge must review the arrangement. Under state law, the judge evaluates several factors, including:

The financial liabilities and needs of each spouse
The opportunity for each spouse to acquire future assets and income
The best interests of the children

The court will generally approve these arrangements unless the financial burden on the non-resident spouse is so severe that it prevents them from maintaining reasonable housing or meeting other legal obligations.

Weighing your options before deciding

Putting the best interests of your children first during divorce is the right thing to do. Although a deferred home sale may offer stability, this option comes with risks. Seeking legal advice can help you decide and work on an agreement that protects your family and assets.

4 ways traveling with your child becomes kidnapping in Boston

2026-01-30T13:02:28Z

You've spent weeks planning your child's dream vacation. You've booked the flights and packed the bags. But as you approach airport security, you realize you never asked your co-parent for written permission. What seems like a simple oversight could land you in serious legal trouble. Before you understand what these legal boundaries are, you need to know what constitutes international parental kidnapping.

What is international parental kidnapping?

International parental kidnapping occurs when you take your child across international borders in violation of custody agreements. This happens when you remove or keep your child in another country without proper authorization from your co-parent or the court. The consequences include criminal charges, loss of custody rights and lengthy international legal disputes. Hence, understanding these risks helps you protect both your parental rights and your child's wellbeing. Now that you know what's at stake, you need to recognize the specific situations that cross the line from innocent travel to illegal activity.

Four ways your trip becomes a crime

Even well-intentioned travel plans can become legal violations if you're not careful. You need to recognize these four specific scenarios that transform your family vacation into a criminal act:

No consent: You take your child overseas without your co-parent's clear written consent or proper court authorization. For example, you book a trip to Europe without informing your ex-spouse or getting their approval.
Breach of custody: You remove or keep your child abroad despite existing custody orders that prohibit international travel. For instance, your custody agreement states you can't leave the country, but you take your child to Canada anyway.
Wrongful removal: You take your child from their usual home without your co-parent's knowledge or permission for the trip. This happens when you pick up your child for the weekend and fly to Mexico without telling the other parent.
Wrongful retention: You receive permission for a holiday but fail to return your child as you agreed. An example would be taking a three-day approved trip but staying abroad for weeks.

These violations carry serious consequences that can affect your custody rights for years. Fortunately, you can avoid these legal pitfalls by taking the proper precautions before you travel.

Travel safely and legally with your child

You can protect yourself by following a few essential steps before booking any international trip. First, obtain written consent from your co-parent that includes specific travel dates and destinations. Second, carefully review your custody agreement to identify any international travel restrictions or requirements. A family law attorney can help you navigate these requirements and ensure you comply with all legal procedures. You deserve to create wonderful memories with your child without the fear of legal complications threatening your family's future.

Is Your Spouse Entitled to a Share of Your Business in 2026?

2026-01-06T09:35:48Z

Divorce often becomes even more complicated because of business ownership. If you own a company, determining shares depends on how the law views marital property. Fortunately, Massachusetts courts still focus on fairness rather than simple 50/50 division.

How Massachusetts treats business interests

Massachusetts follows an equitable distribution model. This approach focuses on what is fair based on the facts of the marriage rather than equal division. A judge has the authority to divide all assets, regardless of whose name is on the title based on the following factors:

Length of the marriage: Longer marriages are more likely to result in a division closer to 50/50.
Contributions: This includes direct and indirect financial and non-financial contributions.
Future needs: Courts weigh the age, health and future earning potential of both spouses and projected needs of children if they have any.

This distribution model works because it focuses on fairness. This way, the court considers the needs of all parties involved which allows them to move forward with less friction.

Does your business count as marital property?

Your business can fall into the marital estate even if you started it before your wedding. Massachusetts law is unique in that almost any asset owned by either spouse can technically be considered for division. Here are some examples:

Appreciation: If your business was worth $1 million when you married and $5 million when you divorced, that $4 million in growth is often considered marital property.
Commingling: If you used marital funds (like a joint savings account) to pay business debts or expand operations, the court will likely treat the business as a shared asset.

There are many factors that can affect how the law views your property. A business valuation division lawyer can give you clarity on your investments.

Why you should consider legal help

Business division involves complex financial records, professional reviews and detailed statutes. If you have questions, a skilled attorney can help explain the technicalities and your legal options. Understanding the process can give you some control during this difficult time, so you can protect your interests better.

Different types of alimony you can get in a Massachusetts divorce

2025-12-10T14:04:03Z

When you face divorce, figuring out your financial future overwhelms you. You lie awake wondering how much alimony you'll receive and how long payments will last. These questions consume your thoughts during an already stressful time. Fortunately, Massachusetts's Alimony Reform Act of 2011 clarifies these concerns. Take your first step toward financial security by understanding this framework.

Understanding the Alimony Reform Act

The Massachusetts Alimony Reform Act of 2011 changed the way courts manage spousal support. Before, judges had a lot of freedom and few clear rules. Now, the system is more structured and predictable. The Act introduced several key changes such as:

Durational limits: This sets a maximum time for receiving alimony, depending on how long the marriage lasted.
Amount guidelines: These provide formulas to figure out fair alimony payments.
Modification conditions: These explain when and how you can change or end alimony.
Alimony categories: These define four types of spousal support, each serving different needs.

These provisions give you a clear framework for what to expect. With this foundation in place, you can better understand which type of alimony fits your situation.

Four categories of alimony you should know

Massachusetts law has four types of alimony. Knowing which one applies to your situation is important for planning after a divorce. These categories are:

General term alimony: Offers ongoing financial support so you can maintain your lifestyle after a divorce.
Rehabilitative alimony: Provides support while you get education or training to become financially independent.
Reimbursement alimony: Repays you for money you spent during the marriage, like helping your spouse with school.
Transitional alimony: Assists with adjusting to new financial situations for a brief time.

Understanding which of the categories above applies to your situation helps you plan your financial future more effectively. However, navigating these options alone can feel daunting. This is where expert guidance becomes invaluable.

Get the support you deserve

A knowledgeable family law attorney can explain your rights under the Alimony Reform Act. They can identify the right type of support for your situation. They can also figure out fair payment amounts, argue for correct time limits and make sure you get the support you need. With the right legal help, you can feel secure about your financial future.

How does military service affect child custody in divorce?

2025-11-13T15:12:40Z

When you serve, the rules that shape family life often look different. Deployments, transfers and long absences can change how a Massachusetts court divides parenting time and responsibilities. Understanding how military service fits into custody decisions helps you prepare for what comes next and stay close to your child through every change.

Deployment and relocation affect parenting schedules

When your orders send you away, parenting schedules often shift quickly. Courts recognize that your service disrupts routines, so they usually approve flexible plans that adjust around deployments or new assignments. You can request temporary changes or set up virtual visitation to keep communication steady while you’re gone. Planning for these transitions shows the court that you prioritize your child’s stability, even when duty takes you elsewhere.

Federal and state laws protect deployed parents

Federal and Massachusetts laws ensure that your military duty doesn’t hurt your custody rights. The Servicemembers Civil Relief Act and related state statutes allow judges to delay or pause hearings during deployment. This gives you the chance to participate once you return. You protect those rights by informing the court and submitting documentation of your service, which lets the judge apply these safeguards properly.

Stability and the child’s best interests still guide decisions

Massachusetts courts focus on your child’s best interests, so they evaluate how your service affects daily routines and emotional stability. You strengthen your case when you show that your child receives consistent care, steady communication and reliable support during your absence. When you prepare in advance, assign trusted caregivers and maintain open contact, you make it clear that your service aligns with your child’s security.

Maintaining your role as a parent while deployed

Your uniform may change where you live or how often you’re home, but it never changes your role as a parent. You can stay present by scheduling regular check-ins, sharing updates and joining everyday moments through calls, photos or short messages. When deployment overlaps with custody issues, contact a Massachusetts family law attorney early to protect your rights and keep your child’s schedule stable. With planning and communication, you keep your connection strong and your family steady wherever service leads you.