Jurisdiction Cases
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Jurisdiction

MassachusettsChild CustodyFamily LawGuardianship
Massachusetts Appeals Court
Uncategorized

Guardianship of Finley — Massachusetts Court Lacked Jurisdiction Over Newborn’s Custody Where New Hampshire Was Home State Under MCCJA

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The Massachusetts Appeals Court vacated four years of guardianship proceedings and remanded for dismissal, holding that the Probate and Family Court never had subject matter jurisdiction over a newborn’s custody under the Massachusetts Child Custody Jurisdiction Act (MCCJA) because New Hampshire—not Massachusetts—was the child’s home state, and the concurrent New Hampshire proceeding independently barred the Massachusetts action under G. L. c. 209B, § 2(d).

MassachusettsAdoptionFamily LawJurisdiction
Massachusetts Appeals Court
Uncategorized

Adoption of Zula — Juvenile Court Has Jurisdiction to Hear Birth Mother’s Adoption Consent Revocation During Pending Care and Protection Case

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The Massachusetts Appeals Court held that the Juvenile Court has jurisdiction under G.L. c. 210, § 1, to hear a birth mother’s motion to revoke her adoption consent and to approve an open adoption agreement, even though the consent was executed before the subject child was added to a pending care and protection petition, because the 1993 statutory amendments require only that a care and protection proceeding be pending when the motion is filed—not that it was pending when the consent was executed.

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