General Posts

New Hampshire’s Family Division Rule 1.25-A

New Hampshire recently put into effect a much need mandatory self-disclosure rule for Family Division cases. Family Division Rule 1.25-A took effect on December 1, 2011. The rule is designed to streamline the discovery process by having the parties exchange certain required financial documents early in the litigation process. The expectation is that this will reduce costs for litigants (by reducing the amount of discovery requests by attorneys) and enable parties to have a more productive divorce mediation or temporary hearing early in the process. The rule applies in full to all new actions in the Family Division for divorce, legal separation, annulment and civil union dissolution. An abbreviated version of the rule applies to parenting petitions, child support petitions and petitions to enforce or change court orders in parenting, divorce, legal separation or civil union dissolution cases. Please see the N.H. Court website for instruction and a copy of the Court’s checklist form.

Parties must provide the required documents no later than either forty-five (45) days from the date of service/delivery of the petition or ten (10) days prior to the temporary hearing or initial hearing on the petition, whichever is earlier. [Read more...]

Can my wife get custody of our son?

Additional Information:

My wife and I got divorced two years ago and I got sole custody of our 5 year-old son. My question is if I put it in my will that my brother will take care of my son should I pass, will that happen or can my wife get custody if she wants? Thanks.

ATTORNEY ANSWER:

As the child’s biological mother (same would apply to fathers in this situation), she will automatically be entitled to custody in the event you die, unless her parental rights have been terminated. The granting of sole legal and/or sole physical custody does not terminate parental rights of the other parent.  If you do not want your former wife to have custody, you would need to instruct your brother to file for Guardianship of your son in the event of your death.  You should state in your will that you do not want your former wife to get custody and should have a separate document stating the reason why you believe that she is unfit to have custody and why it is in your child’s best interests to be raised by your brother. You should leave sufficient funds to your brother for this purpose (perhaps having a small life insurance policy of $30,000.00   to cover any legal fees).  Your brother will have to prove that she is an unfit parent in order to be named Guardian of your son. [Read more...]

Berid & Schutzbank – Lowell Family Law, Divorce, and Criminal Defense Attorneys

Attorney Schutzbank Named 2010 Massachusetts Rising Star by Super Lawyers

Berid & Schutzbank is proud to announce that Attorney Eric Schutzbank was recently named as a 2010 Massachusetts Rising Star by Super Lawyers Magazine. The Rising Star accommodation recognizes the top up-and-coming attorneys in the state, for those who are 40 years old or younger. Rising Star attorneys are selected based upon a variety of criteria including including experience, clients, peer review, judicial review, settlements, trials, verdicts, honors and awards, certifications, publications and other outstanding achievements.

You may view Attorney Schutzbank’s Super Lawyers profile.

What is Collaborative Law?

Collaborative Law in the area of Family Law provides a positive context in which to address the often difficult emotions and issues that arise during the divorce process without resorting to litigation. The Collaborative Law dispute resolution model is one in which both parties retain separate, specially-trained lawyers whose only job is to help them settle the dispute. If the lawyers do not succeed in helping the clients resolve the problem, the lawyers are prohibited (by the terms of their contract or participation agreement) from representing either client in traditional divorce litigation.

All participants agree to work together respectfully, honestly, and in good faith to try to find solutions to the legitimate needs of both parties so that both sides “win” rather than simply compromise to “get it done.” Both parties also agree not to go to court without an agreement in place, or even threaten to do so. In fact, if a party threatens litigation, the Collaborative Law process terminates and both lawyers are disqualified from any further involvement in the case. [Read more...]

Lowell Divorce Attorneys – Collaborative Law

If you are interested in a cooperative divorce process that enables you to resolve differences with your spouse contact a Massachusetts collaborative law attorney today at Berid & Schutzbank for a confidential consultation.

The Massachusetts Alternative Dispute Resolution (ADR) and Collaborative Law attorneys of Berid & Schutzbank provide divorce mediation and Collaborative Law services to all of Middlesex County, Essex County, Worcester County, and the Merrimack Valley region including Andover, Billerica, Burlington, Carlisle, Chelmsford, Dracut, Dunstable, Groton, Lawrence, Lowell, Methuen, North Andover, Pepperell, Tewksbury, Westford, and Wilmington, Massachusetts.

Lowell MA Lawyers

The Lowell MA lawyers at Berid & Schutzbank concentrate on family law and divorce mediation.

We concentrate on all family law matters such as divorce, divorce mediation, child custody, child support, and domestic assault & battery, and restraining orders. The attorneys of Berid & Schutzbank have practiced law in Massachusetts for over thirty years and serve all of Middlesex County, Essex County, Worcester County, and the Merrimack Valley region including Andover, Billerica, Burlington, Carlisle, Chelmsford, Dracut, Dunstable, Groton, Lawrence, Lowell, Methuen, North Andover, Pepperell, Tewksbury, Westford, and Wilmington, Massachusetts.

Welcome – Our First Blog Entry

Welcome – This is Berid & Schutzbank’s first blog entry.

We are attorneys in Lowell, Massachusetts. We serve the Greater Lowell, Massachusetts area and focus on Massachusetts family law matters such as divorce, divorce mediation, child custody, child support, elder law, as well as criminal defense charges involving domestic assault & battery, restraining orders, drunk driving, motor vehicle and traffic offenses, and assault & battery. The attorneys of Berid & Schutzbank have practiced law in Massachusetts for over thirty years and serve all of Middlesex County, Essex County, Worcester County, and the Merrimack Valley region including Andover, Billerica, Burlington, Carlisle, Chelmsford, Dracut, Dunstable, Groton, Lawrence, Lowell, Methuen, North Andover, Pepperell, Tewksbury, Westford, and Wilmington, Massachusetts.