What’s New?
On September 8, 2020, Cindy spoke on a panel for the Massachusetts Bar Association’s “Practicing with Professionalism Course” about Limited Assistance Representation (LAR). Practicing with Professionalism is a course for new lawyers to take once they are sworn in. “I’ve spoken about LAR many times for the MBA. Our firm offers LAR as a service to our clients in some situations because it can be so versatile,” explains Cindy. For more information about LAR, check out our website: https://www.peridotfamilylaw.com/limited-assistance-representation
Cindy also spoke on a panel for the American Bar Association’s Mediation Week on October 21, 2020, along with Attorneys Susan DeMatteo and Karen Levitt. The program, “Offering a Lifeline to Parents Through Mediation During the Pandemic,” identified the physical and emotional barriers that parents in the midst of divorce must face. The panel offered suggestions for both parents and mediators to help make the mediation process more flexible and effective during COVID-19. To view the panel discussion, please click here.
For more information and strategies about parenting during COVID-19, check out our very first webinar (see directly below for more information).
Peridot Family Law’s benefit for Strategies for Children, on December 12, 2020 at 10:30 a.m. – sign up here!
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This Webinar is a fundraiser for the Strategies for Children organization. The suggested donation for attending this webinar is $25.00.
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Cindy recently made her annual return to the North Shore Community Mediation Program as a panel trainer on October 26th and October 28th. “I’ve been a trainer for NSCM for several years now and always appreciate the opportunity to work with and train new mediators” – Cindy.
New Associate: Peridot Family Law welcomes Courtney Farrell. Courtney Farrell will begin working for Period Family Law in December 2020 as an associate attorney. She graduated from the Massachusetts School of Law in 2019 and is a member of the Massachusetts Bar.
At Massachusetts School of Law, Courtney focused her studies in the areas of Family, Juvenile and Criminal Law. Courtney was a finalist in the Legal Writing and Advocacy Competition.
Courtney received her B.S. in criminal justice from Western New England College where she interned with the Springfield District Attorney's Office in the Victim Witness Advocate/Domestic Violence Unit. She also holds a Certificate in Mediation and Dispute Resolution from UMASS Boston. In her spare time, Courtney is actively involved as a volunteer with the Brain Injury Association of Massachusetts. Welcome, Courtney!
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New Case:
“Adoption of Zebediah” - A Rule 1:28 decision regarding termination of parental rights and post-adoption visitation.
Case Summary
By: Nicole Barrett, Law Clerk
A previously incarcerated father recently fought to reestablish his parental rights with his son or receive an order for postadoption visitation, but the matter was ultimately affirmed by the Massachusetts Appeals Court, and the father received neither. Courts are permitted to terminate parental rights only if they find by clear and convincing evidence that a parent is unfit, and doing so would be in the best interests of the child. Adoption of Nancy, 443 Mass. 512, 515 (2005).
On appeal, the father’s first argument was that the Department of Children and Families failed to make reasonable efforts to provide him with adequate services and visitation. Even when a parent is incarcerated, DCF is required to make all reasonable efforts to promote a healthy relationship between the parent and the child. However, DCF’s duty is reliant on the parent completing their parental responsibilities or service plans, and the father failed to complete his service plans during the litigation.
Due to a no-contact order, DCF declined to arrange visitation for more than two years while the father remained incarcerated. The father claims that a no-contact order would only have been applicable if he “were out in the community,” however, there is no law to support the notion that incarceration removes the need for protective orders. Further, the father did not seek visitation while incarcerated. Unfortunately, the father failed to question the sufficiency of DCF’s services before the appeal and challenging inadequate services cannot be raised for the first time on appeal. Adoption of West, 97 Mass. App. Ct. 238, 242 (2020).
The father’s second argument was that the trial judge used outdated information when determining he was unfit to parent and that his unfitness is likely to continue. A judge can consider prior conduct in predicting a parent’s future ability to be fit for parenthood unless the information is “stale” or no longer an accurate depiction of the parent’s fitness. Adoption of Rhona, 57 Mass. App. Ct. 479, 485 (2003). Patterns of the father’s neglect, threatening behavior, and domestic violence against the child’s mother led the Court to uphold the Juvenile Court’s judgment that the father’s unfitness is likely to continue. In the best interests of the child, the termination of the father’s parental rights will continue.
The father’s final efforts to reverse the trial court’s decision that denied him postadoption visitation with the child also failed. While postadoption visitation is often left up to the judgment of DCF or the adoptive parents, a judge may also order postadoption visitation if there is evidence of a significant bond between the child and a parent. Here, little evidence suggests that there was a significant bond between the father and the child. The lack of evidence and the judge’s decision to not order postadoption visitation does not mean the father does not love or care about his child. The Court ultimately found no abuse of discretion in denying postadoption visitation.
Litigating issues involving parental rights can be a long, emotional battle. Despite the bond a parent has with their child, courts must seek to ensure that the path taken is in the best interests of the child. While the Court upheld the termination of the father’s parental rights in this instance, each family’s situation is very fact specific. If you have any questions about the particular nuances of your DCF matter, please reach out to us.
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Getting Some ZZZs
Recently, I had a meeting with some colleagues via zoom. At one point, one person mentioned how much trouble he was having falling asleep, which had never happened before. The colleague mentioned that, as a result, he had started taking sleeping pills. The second person mentioned he was taking melatonin for sleep and that it was helping him. The conversation got me thinking about my own sleep patterns during the pandemic, which admittedly have been up and down, so I mentioned that I had started listening to Calm, a meditation app, before sleep and that usually, I don’t even make it until the end of the 10-15 minute program. (P.S. I do not have any financial interest in Calm, and there are other apps that do essentially the same thing).
Sleep (or lack thereof) is big news and a huge issue. I recently read an article on Weight Watcher’s website highlighting 9 tips for a better night’s sleep, which I’ve summarized below:
1) Set up a sleep schedule that you follow all week. It is okay to take an extra-long nap on the weekends, but you need consistency overall.
2) Enjoy some morning sun. Studies show that sunlight helps the brain into alertness mode, which starts the brain’s clock ticking toward sleep mode later at night.
3) Move around during the day. Shoot for 2-5 hours of exercise per week. That is as little as 20 minutes per day – pick something you enjoy, a brisk walk, dancing to 80’s music – whatever works for you!
4) Find a good a mattress. Time to visit “BridgeIT” at the Jordan’s Sleep Lab.
5) Watch your caffeine intake. Studies show you shouldn’t have caffeine 4-6 hours before bedtime or it could impact your sleep.
6) Wind down with mindfulness. See my Calm app story above.
7) Skip the nightcap. If you are going to drink, try to drink at least 4 hours before bedtime.
8) Create a peaceful sleep environment.
9) Set a digital curfew. Turn off all digital devices, which also emit blue light, 30-60 minutes before bed.
During a divorce, one of the most important things you must do is to take care of yourself, physically and emotionally. Sleep is a huge pillar of the self-care routine. When you can get enough sleep, you are able to manage stress better, think more clearly and create less wear and tear on your body. Getting enough sleep can be a huge challenge during a divorce, let alone during a pandemic. Make sure you put a priority on getting your ZZZ’s.
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