Welcome to the deep dive. Today, we're gonna be looking at, this blog post by Nicole k Levy.
Host 2:Okay.
Host 1:She's a family law attorney over at Lynch and Owens.
Host 2:Mhmm.
Host 1:And she's in Massachusetts.
Host 2:Okay.
Host 1:And she specializes in child custody law. And her blog post really dives into this new law in Massachusetts called the Massachusetts Parentage Act.
Host 2:Interesting.
Host 1:Yeah. The MPA.
Host 2:Okay.
Host 1:But real quick before we go any further, we are AI powered.
Host 2:Right.
Host 1:So this is just for informational purposes. Mhmm. And it is definitely not a substitute for getting advice from a qualified professional.
Host 2:Yeah. You always gotta talk to a real human lawyer.
Host 1:Exactly.
Host 2:For sure.
Host 1:Especially because this is specific to Massachusetts law.
Host 2:Yeah. Laws around parentage and child custody.
Host 1:Right.
Host 2:They can be very different depending on what state you're in.
Host 1:Absolutely. So if
Host 2:you're dealing with any of this stuff yourself, definitely talk to somebody in your area.
Host 1:Couldn't agree more. Alright. With those disclaimers out of the way Alright. Let's dive in. So the NPA went into effect on January, and it really changes how parent child relationships are legally recognized in Massachusetts.
Host 2:It's a big deal. The MPA is really trying to make things more inclusive.
Host 1:Okay.
Host 2:You know, create a system that recognizes all the different kinds of family structures that are out there, especially, you know, families that are formed through assisted reproduction or through LGBTQ relationships Which is. And also something called LGBTQ relationships
Host 1:Richard.
Host 2:And also something called de facto parentage.
Host 1:De facto parentage. I'm not a legal expert. What does that even mean?
Host 2:Basically, it's about recognizing someone who acts like a parent Okay. Even if they're not biologically legally related to the child.
Host 1:Okay.
Host 2:So think about, like, a stiff parent who's been really involved in raising a kid Mhmm. Or maybe a long term partner of a parent who's taken on that kind of parental role.
Host 1:I see.
Host 2:Before this new law, de facto parentage was kind of a gray area. It was mostly determined through court cases.
Host 1:Okay.
Host 2:But now this new MPA, it actually spells it all out.
Host 1:Oh, so it's more clear now?
Host 2:Yeah. There are clear rule and procedures now in section 25 of the MPA.
Host 1:So it's about recognizing those family dynamics even if they don't fit the traditional mold.
Host 2:Exactly. It's about making sure everybody's protected, especially the child
Host 1:Mhmm.
Host 2:And making sure the law, you know, reflects how families really are these days.
Host 1:Right. And Nicole's blog post goes into all the details of this. Right?
Host 2:It does. She actually lays out 7 specific criteria
Host 1:Okay.
Host 2:That the court's gonna look at when they're trying to figure out if somebody's a de facto parent.
Host 1:Seven criteria.
Host 2:Wow. Yeah. It's like a checklist Okay. To see if someone really fits that parental role.
Host 1:So what's the first thing on that checklist?
Host 2:The first one is residency. The person who's trying to be recognized as a de facto parent, they gotta have lived with the child for at least 2 years.
Host 1:Okay.
Host 2:It's about showing that they have a life together.
Host 1:Right. So you can't just pop in for a couple months and say, hey. I'm a de facto parent.
Host 2:Exactly. You gotta be there for the kid consistently.
Host 1:Right. Makes sense. What's next?
Host 2:Next is caregiving. They need to have taken care of the child on a regular basis doing those everyday things that parents do. Right. You know, like making meals, helping with homework, being there for them emotionally.
Host 1:So it's more than just babysitting every once in a while?
Host 2:Yeah. It's about being a steady presence in the child's life.
Host 1:Okay. That makes sense.
Host 2:And then the third one, this one's important.
Host 1:Okay.
Host 2:It's about making sure that this isn't just some kind of business deal.
Host 1:Oh, okay.
Host 2:The person can't be getting paid to take care of the kid. They have to be doing it because they love the child and are committed to them.
Host 1:It has to be a real parent child bond.
Host 2:Exactly. The 4th one is interesting. This one looks at how other people see the relationship.
Host 1:Okay.
Host 2:Like, does the person present the child to other people as their own?
Host 1:Right.
Host 2:Do they introduce the child as their son or daughter? Do they include them in family events and stuff like that?
Host 1:So it's about how other people view the relationship.
Host 2:Right. But it's not just about appearances.
Host 1:Okay.
Host 2:The 5th one is about the emotional connection between the person and the child.
Host 1:Gotcha.
Host 2:There needs to be a real bond there. You know, love, trust, reliance.
Host 1:So it's not just about acting like a parent. It's about truly being 1 in every sense of the word. Exactly. Wow. Okay.
Host 1:So we've got through 5 of the 7 criteria. What are the last 2?
Host 2:This next one is super important. Both of the child's legal parents have to agree to the de facto parent being in the picture.
Host 1:Oh, that's interesting.
Host 2:This is about respecting everybody's rights and making sure everyone's on the same page.
Host 1:I see. So it prevents someone from just inserting themselves into the family.
Host 2:Exactly.
Host 1:Okay. And what about the last one?
Host 2:This is the big one. The court has to decide if it's really in the best interest of the child to recognize this person as a de facto parent.
Host 1:That makes sense.
Host 2:And they have to consider things like whether there's been any abuse.
Host 1:Oh, wow. That's really important.
Host 2:Yeah.
Host 1:Especially when you're talking about families.
Host 2:Yeah. Power dynamics can get really tricky.
Host 1:So how does the MPA make sure kids are protected?
Host 2:That's where section 25 I comes in. This part of the law basically says that if there are any signs of abuse or coercion, then the court should assume that the person should not be recognized as a de facto parent.
Host 1:Oh, so they're really taking this seriously?
Host 2:Absolutely. The child's safety and well-being have to come first.
Host 1:It sounds like they've really thought of everything.
Host 2:They really have. It's a complicated issue. But this law gives us a framework for figuring out de facto parentage.
Host 1:And we're just getting started. We've covered a lot of ground already.
Host 2:Yeah. We have.
Host 1:We talked about what de facto parentage is and the first five criteria.
Host 2:Mhmm.
Host 1:So up next, we'll delve into those last two criteria, and we'll see what other big changes the MPA has in store.
Host 2:Sounds good. Welcome back. So we were talking about the criteria for figuring out if someone's a de facto parent under this new MPA.
Host 1:Right. And I was really interested in how important it is that it's a real relationship Yeah. And that it's actually good for the child. It's not just about checking boxes. Exactly.
Host 1:It's not just about the legal stuff.
Host 2:Yeah. The MPA knows that these situations are complicated. Mhmm. Every family is different. So these last two criteria, they really focus on what's best for the child.
Host 1:Okay. So remind me. What was the last one we talked about?
Host 2:We were talking about how both legal parents need to agree agree to the de facto parent being involved.
Host 1:Right. Right.
Host 2:That was number 6.
Host 1:Okay.
Host 2:So it's like a safety net. You know?
Host 1:Yeah. It makes sense.
Host 2:It makes sure everyone's on the same page.
Host 1:So someone can't just come in and say, hey. I'm a de facto parent if the real parents don't want them to.
Host 2:Exactly. It protects everybody's rights.
Host 1:Okay. And what about that last criteria, the 7th one?
Host 2:This is the most important one. This is where it all comes together.
Host 1:Yeah. Okay.
Host 2:The court has to decide if it's truly in the best interest of the child to make this person a legal de facto parent.
Host 1:That's a big decision.
Host 2:It is. And they have to think about things like whether there's been any abuse.
Host 1:Wow.
Host 2:Yeah. And Nicole's blog really highlights how carefully they crafted this law.
Host 1:Mhmm.
Host 2:We talked about section 25.
Host 1:Yeah.
Host 2:That's that's the part that says if there's any sign of abuse or someone trying to force themselves on the child Right. Then the court shouldn't recognize them as a de facto parent.
Host 1:Still like a red flag.
Host 2:Exactly. They're really serious about protecting kids.
Host 1:That's good to hear.
Host 2:It really is. But the MPA isn't just about preventing bad things from happening.
Host 1:Right.
Host 2:It also makes things easier and fairer for de facto parents.
Host 1:What do you mean?
Host 2:Well, one big change is with temporary orders.
Host 1:Okay.
Host 2:So before this law, de facto, parents had a really hard time trying to get temporary custody or visitation rights.
Host 1:Oh, so while they were waiting for their case to be decided
Host 2:Right.
Host 1:They might not be able to see the child.
Host 2:Exactly. And it could take a long time, you know, months, even years to get a final decision.
Host 1:That sounds awful. It must be so stressful for everyone, especially the kid.
Host 2:It really was. It created a lot of uncertainty and instability.
Host 1:Yeah.
Host 2:But now with the MPA, a judge can issue a temporary order that lets the child see the potential de facto parent while the case is going on.
Host 1:So they don't have to wait for that final decision.
Host 2:Right. It recognizes that these relationships are important
Host 1:Mhmm.
Host 2:And that we shouldn't just put them on hold while the legal system does its thing.
Host 1:It's about putting the child first.
Host 2:Exactly. He said it perfectly. The MPA is really shifting the focus away from those strict legal definitions of what a parent is.
Host 1:Mhmm.
Host 2:And instead, it's looking at how families really live and what's truly best for the child.
Host 1:It sounds like a really positive step.
Host 2:It is. The MPA is addressing some of the biggest problems that de facto parents used to face.
Host 1:It's great that they're clarifying those rules and making things easier for people.
Host 2:It is. But even with all these changes, we have to remember that every situation is different.
Host 1:Different. Right. So it's still important to have a good lawyer.
Host 2:Absolutely. Someone who understands this new law.
Host 1:Okay. So we've talked a lot about the MPA and de facto parentage.
Host 2:We have.
Host 1:It's been a lot of information.
Host 2:It has.
Host 1:So let's take a minute to catch our breath.
Host 2:Yeah.
Host 1:We'll be right back with more on this topic. We're back, and we've been talking all about de facto parentage here in Massachusetts with this new MPA.
Host 2:It's a big change for a lot of families.
Host 1:It really is. And it just makes me think, you know, when the law starts to recognize different kinds of families Mhmm. Doesn't that kinda change how society sees families too?
Host 2:That's a really interesting question.
Host 1:Right.
Host 2:I mean, laws, they don't just exist out of nowhere.
Host 1:Right.
Host 2:They reflect what society thinks. Yeah. But they can also shape those beliefs too.
Host 1:Right.
Host 2:So as the MPA starts to become more common and we see more and more families getting these legal rights Mhmm. I think it's gonna change how people think about what a family is.
Host 1:It's kinda like a domino effect.
Host 2:Yeah. Exactly. Exactly.
Host 1:So the MPA, it's not just about legal stuff. It's about changing how we think about families as a whole.
Host 2:Exactly. It's about making sure everyone feels respected and protected under the law no matter what their family looks like.
Host 1:That's really cool. Yeah. But before we go too far, I do wanna remind everyone we're talking about Massachusetts law here.
Host 2:Right. This is all based on Nicole Levy's blog.
Host 1:Mhmm.
Host 2:And these laws, they can be totally different in other states.
Host 1:Yeah. So if you're dealing with any of this stuff yourself
Host 2:Definitely talk to a lawyer in your state.
Host 1:For sure. They can give you the best advice for your specific situation. And speaking of advice, we are not lawyers ourselves. Nope. We're just an AI.
Host 2:Yeah. We're great at processing information, but we can't give legal advice.
Host 1:So please talk to a real human lawyer if you need help.
Host 2:For sure.
Host 1:Alright. So before we wrap up, let's think about the bigger picture for a second.
Host 2:Okay.
Host 1:This MPA is brand new.
Host 2:It is.
Host 1:What are some of the big questions that you think we should be asking as we move forward?
Host 2:Well, for one thing, it's gonna be interesting to see how the courts actually use these new rules.
Host 1:Mhmm.
Host 2:You know, we have the law on paper. Right. But how will judges actually apply it in real cases?
Host 1:That's a good question.
Host 2:And another thing to think about is, will other states follow Massachusetts' lead?
Host 1:Oh, yeah. Could this become like a model for other states to update their own laws?
Host 2:Exactly. It'll be fascinating to see how this all plays out.
Host 1:It's a really exciting time. We're seeing a big change in how families are defined and protected by the law.
Host 2:We are.
Host 1:We've covered a lot today, but there's always more to learn.
Host 2:There is Thanks
Host 1:for joining us on this deep dive into de facto parentage and the MPA. We'll see you next time for another deep dive into a topic that matters.