18 Massachusetts opinions name it 2 courts 1975–2018 0 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Petition of the New England Home for Little Wanderersgreen2 sentences2001L. c. 210, § 3, “will vary with the circumstances.” See Adoption of Hugo, 428 Mass. 219, 231 (1998), quoting Petition of the New England Home for Little Wanderers to Dispense with Consent to Adoption, 367 Mass. 631, 644 (1975). 1978Little Wanderers, supra at 644 . | 2 | 3 |
Adoption of Vitogreen2 sentences2018See Adoption of Vito , 431 Mass. at 566 . 2003See Youmans v. Ramos, 429 Mass. 774, 785 (1999) (court may order visitation between child and de facto parent when it is in best interests of child); Adoption of Vito, 431 Mass. at 563-567 (postadoption visitation with biological mother); Blixt v. Blixt, 437 Mass. 649, 657-660 (2002), cert. denied, 537 U.S. 1189 (2003) (grandparents where parents are unmarried); R.J.A. v. K.A.V., 34 Mass. App. Ct. 369, 373 (1993) (best interest of child standard should be predominant factor in determining what rights, if any, putative father had). | 2 | 2 |
Youmans v. Ramosgreen2 sentences2007Similarly, in Youmans v. Ramos, 429 Mass. 774, 779 (1999), the court allowed a child’s aunt to visit the child over the objection of a fit legal father, because the aunt had raised the child for almost all of her life until the father asserted his right to custody. 2003See Youmans v. Ramos, 429 Mass. 774, 785 (1999) (court may order visitation between child and de facto parent when it is in best interests of child); Adoption of Vito, 431 Mass. at 563-567 (postadoption visitation with biological mother); Blixt v. Blixt, 437 Mass. 649, 657-660 (2002), cert. denied, 537 U.S. 1189 (2003) (grandparents where parents are unmarried); R.J.A. v. K.A.V., 34 Mass. App. Ct. 369, 373 (1993) (best interest of child standard should be predominant factor in determining what rights, if any, putative father had). | 2 | 2 |
Adoption of Hugogreen2 sentences2003When addressing the sibling relationship, the Supreme Judicial Court has rejected the argument that the sibling relationship is entitled to any heightened protection, Adoption of Hugo, 428 Mass. 219, 230-231 (1998), and has concluded that while it is “preferable that siblings be raised together ... the weight to be accorded sibling relations in the application of the best interests standard . . . ‘will vary with the circumstances.’ ” Adoption of Willow, 433 Mass. 636, 651 (2001), quoting from Adoption of Hugo, supra at 231. 2003When addressing the sibling relationship, the Supreme Judicial Court has rejected the argument that the sibling relationship is entitled to any heightened protection, Adoption of Hugo, 428 Mass. 219, 230-231 (1998), and has concluded that while it is “preferable that siblings be raised together ... the weight to be accorded sibling relations in the application of the best interests standard . . . ‘will vary with the circumstances.’ ” Adoption of Willow, 433 Mass. 636, 651 (2001), quoting from Adoption of Hugo, supra at 231. | 2 | 2 |
Adoption of a Minorgreen2 sentences1999The best interests standard presents the trial judge “with a classic example of a discretionary decision.” Adoption of a Minor (No. 2), 367 Mass. 684, 688 (1975). 1982We have stated that the best interests standard presents “the trial judge with a classic example of a discretionary decision.” Adoption of a Minor (No. 2), 367 Mass. 684, 688 (1975). | 2 | 2 |
Guardianship of Roegreen2 sentences1993See Guardianship of Roe, 383 Mass. 415, 425, 448 (1981); Rogers v. Commissioner of the Dept. of Mental Health, 390 Mass. 489, 505, 506 (1983); Guardianship of Doe, 411 Mass. 512, 523-524 (1992). 1993See Guardianship of Roe, 383 Mass. 415, 425, 448 (1981); Rogers v. Commissioner of the Dept. of Mental Health, 390 Mass. 489, 505, 506 (1983); Guardianship of Doe, 411 Mass. 512, 523-524 (1992). | 2 | 2 |
Rogers v. Commissioner of the Department of Mental Healthgreen2 sentences1993See Guardianship of Roe, 383 Mass. 415, 425, 448 (1981); Rogers v. Commissioner of the Dept. of Mental Health, 390 Mass. 489, 505, 506 (1983); Guardianship of Doe, 411 Mass. 512, 523-524 (1992). 1993See Guardianship of Roe, 383 Mass. 415, 425, 448 (1981); Rogers v. Commissioner of the Dept. of Mental Health, 390 Mass. 489, 505, 506 (1983); Guardianship of Doe, 411 Mass. 512, 523-524 (1992). | 2 | 2 |
Guardianship of Doegreen2 sentences1993See Guardianship of Roe, 383 Mass. 415, 425, 448 (1981); Rogers v. Commissioner of the Dept. of Mental Health, 390 Mass. 489, 505, 506 (1983); Guardianship of Doe, 411 Mass. 512, 523-524 (1992). 1993See Guardianship of Roe, 383 Mass. 415, 425, 448 (1981); Rogers v. Commissioner of the Dept. of Mental Health, 390 Mass. 489, 505, 506 (1983); Guardianship of Doe, 411 Mass. 512, 523-524 (1992). | 2 | 2 |
Custody of a Minorgreen2 sentences1992As a practical matter, the criteria to be examined and the basic applicable reasoning are the same." (Citation omitted.) Custody of a Minor (No. 1), 385 Mass. 697 , 710 n. 10 (1982), quoting Custody of a Minor, 375 Mass. 733, 753 (1978). [12] The judge did not address two other State interests, the protection of innocent third parties and prevention of suicide, as they are not relevant to this case. 1992As a practical matter, the criteria to be examined and the basic applicable reasoning are the same.” (Citation omitted.) Custody of a Minor (No. 1), 385 Mass. 697 , 710 n.10 (1982), quoting Custody of a Minor, 375 Mass. 733, 753 (1978). | 2 | 2 |
Adoption of Donaldgreen1 sentence2013See Adoption of Donald, 52 Mass. App. Ct. at 902 ; Adoption of Scott, 59 Mass. App. Ct. at 277 ; Adoption of Gillian, 63 Mass. App. Ct. at 408 ; Adoption of Nate, 69 Mass. App. Ct. at 375 . 9 In other words, the mother’s reservation of the right to nominate her parents as an adoptive resource or a guardianship, and to have the judge consider that plan, does not confer upon her the right to challenge the judge’s determination, after entry of the decree terminating her parental rights, that the department’s competing plan for adoption is in Malik’s best interests — particularly in the circumstan | 1 | 1 |
Dickenson v. Cogswellgreen1 sentence2007See Dickenson v. Cogswell, 66 Mass. App. Ct. 442, 449 (2006); Pizzino v. Miller, 67 Mass. App. Ct. 865, 874 (2006). 2 , 3 Trial judges have been applying the best interests test for decades, and typically do so in a highly competent manner; they are well versed, as here, in the considerations that must be balanced. 4 “The trial judge is in a position far superior to our own with respect to these judgments, and absent an abuse of discretion, we do not presume to interfere.” Pizzino v. Miller, 67 Mass. App. Ct. at 872 . | 1 | 1 |
Pizzino v. Millergreen2 sentences2007See Dickenson v. Cogswell, 66 Mass. App. Ct. 442, 449 (2006); Pizzino v. Miller, 67 Mass. App. Ct. 865, 874 (2006). 2 , 3 Trial judges have been applying the best interests test for decades, and typically do so in a highly competent manner; they are well versed, as here, in the considerations that must be balanced. 4 “The trial judge is in a position far superior to our own with respect to these judgments, and absent an abuse of discretion, we do not presume to interfere.” Pizzino v. Miller, 67 Mass. App. Ct. at 872 . 2007See Dickenson v. Cogswell, 66 Mass. App. Ct. 442, 449 (2006); Pizzino v. Miller, 67 Mass. App. Ct. 865, 874 (2006). 2 , 3 Trial judges have been applying the best interests test for decades, and typically do so in a highly competent manner; they are well versed, as here, in the considerations that must be balanced. 4 “The trial judge is in a position far superior to our own with respect to these judgments, and absent an abuse of discretion, we do not presume to interfere.” Pizzino v. Miller, 67 Mass. App. Ct. at 872 . | 1 | 1 |
E.N.O. v. L.M.M.green1 sentence2006See, e.g., E.N.O. v. L.M.M., 429 Mass. 824, 829 (1999). | 1 | 1 |
Adoption of Willowgreen1 sentence2003When addressing the sibling relationship, the Supreme Judicial Court has rejected the argument that the sibling relationship is entitled to any heightened protection, Adoption of Hugo, 428 Mass. 219, 230-231 (1998), and has concluded that while it is “preferable that siblings be raised together ... the weight to be accorded sibling relations in the application of the best interests standard . . . ‘will vary with the circumstances.’ ” Adoption of Willow, 433 Mass. 636, 651 (2001), quoting from Adoption of Hugo, supra at 231. | 1 | 1 |
Blixt v. Blixtgreen1 sentence2003See Youmans v. Ramos, 429 Mass. 774, 785 (1999) (court may order visitation between child and de facto parent when it is in best interests of child); Adoption of Vito, 431 Mass. at 563-567 (postadoption visitation with biological mother); Blixt v. Blixt, 437 Mass. 649, 657-660 (2002), cert. denied, 537 U.S. 1189 (2003) (grandparents where parents are unmarried); R.J.A. v. K.A.V., 34 Mass. App. Ct. 369, 373 (1993) (best interest of child standard should be predominant factor in determining what rights, if any, putative father had). | 1 | 1 |
Rja v. Kavgreen1 sentence2003See Youmans v. Ramos, 429 Mass. 774, 785 (1999) (court may order visitation between child and de facto parent when it is in best interests of child); Adoption of Vito, 431 Mass. at 563-567 (postadoption visitation with biological mother); Blixt v. Blixt, 437 Mass. 649, 657-660 (2002), cert. denied, 537 U.S. 1189 (2003) (grandparents where parents are unmarried); R.J.A. v. K.A.V., 34 Mass. App. Ct. 369, 373 (1993) (best interest of child standard should be predominant factor in determining what rights, if any, putative father had). | 1 | 1 |
Superintendent of Belchertown State School v. Saikewiczgreen1 sentence1978Compare Superintendent of Belchertown State School v. Saikewicz, supra, with Petition of the New England Home for Little Wanderers to Dispense with Consent to Adoption, 367 Mass. 631, 640-641, 644 (1975). | 1 | 1 |
| Richards v. Forrestgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Adoption of Dora
green
1 sentence2013Id. at 476 . 8 We acknowledge that the stipulation entered into by the mother included a provision in which the mother purported to “reserve[] her right as to the best interests hearing concerning placement of [Malik], The mother’s desire is that her parents adopt [Malik].” Upon entry of the decree terminating the mother’s parental rights, however, such a provision at most had the effect of assuring the judge’s consideration of the mother’s proposed kinship adoption nominees, and not of imbuing her with a legal status, or legal rights, that are inconsistent with the rights of a biological pare | 1 | 2013–2013 |
Adoption of Scott
green
1 sentence2013See Adoption of Donald, 52 Mass. App. Ct. at 902 ; Adoption of Scott, 59 Mass. App. Ct. at 277 ; Adoption of Gillian, 63 Mass. App. Ct. at 408 ; Adoption of Nate, 69 Mass. App. Ct. at 375 . 9 In other words, the mother’s reservation of the right to nominate her parents as an adoptive resource or a guardianship, and to have the judge consider that plan, does not confer upon her the right to challenge the judge’s determination, after entry of the decree terminating her parental rights, that the department’s competing plan for adoption is in Malik’s best interests — particularly in the circumstan | 1 | 2013–2013 |
Adoption of Gillian
green
1 sentence2013See Adoption of Donald, 52 Mass. App. Ct. at 902 ; Adoption of Scott, 59 Mass. App. Ct. at 277 ; Adoption of Gillian, 63 Mass. App. Ct. at 408 ; Adoption of Nate, 69 Mass. App. Ct. at 375 . 9 In other words, the mother’s reservation of the right to nominate her parents as an adoptive resource or a guardianship, and to have the judge consider that plan, does not confer upon her the right to challenge the judge’s determination, after entry of the decree terminating her parental rights, that the department’s competing plan for adoption is in Malik’s best interests — particularly in the circumstan | 1 | 2013–2013 |
Adoption of Nate
green
1 sentence2013See Adoption of Donald, 52 Mass. App. Ct. at 902 ; Adoption of Scott, 59 Mass. App. Ct. at 277 ; Adoption of Gillian, 63 Mass. App. Ct. at 408 ; Adoption of Nate, 69 Mass. App. Ct. at 375 . 9 In other words, the mother’s reservation of the right to nominate her parents as an adoptive resource or a guardianship, and to have the judge consider that plan, does not confer upon her the right to challenge the judge’s determination, after entry of the decree terminating her parental rights, that the department’s competing plan for adoption is in Malik’s best interests — particularly in the circumstan | 1 | 2013–2013 |
Tazziz v. Tazziz
green
1 sentence2010The standard does not focus on “purely parental interests,” Tazziz, 26 Mass. App. Ct. at 813 , and significantly, it requires a gender-neutral analysis. | 1 | 2010–2010 |
A.H. v. M.P.
green
1 sentence2007In A. H., the court revisited the best interests analysis in this context, stating: “The focus on caretaking in the ALI Principles is one means by which to anchor the best interests of the child analysis in an objectively reasonable assessment of whether disruption of the adult-child relationship is potentially harmful to the child’s best interests.” A.H., supra at 839-840 , citing ALI Principles § 2.02 comment b, at 96. | 1 | 2007–2007 |
Goodridge v. Department of Public Health
green
1 sentence2007Of course, “the best interests standard comes into play only after a judge has determined that a ‘significant preexisting relationship’ has created the requisite parent-child attachment that argues for visitation.” Ibid. | 1 | 2007–2007 |
Blue Ribbon Properties, Inc., Dba Long Hollow Landfill v. Hardin County Fiscal Court
green
1 sentence2003See Youmans v. Ramos, 429 Mass. 774, 785 (1999) (court may order visitation between child and de facto parent when it is in best interests of child); Adoption of Vito, 431 Mass. at 563-567 (postadoption visitation with biological mother); Blixt v. Blixt, 437 Mass. 649, 657-660 (2002), cert. denied, 537 U.S. 1189 (2003) (grandparents where parents are unmarried); R.J.A. v. K.A.V., 34 Mass. App. Ct. 369, 373 (1993) (best interest of child standard should be predominant factor in determining what rights, if any, putative father had). | 1 | 2003–2003 |
Taylor v. Commonwealth
green
1 sentence1993Requiring further disclosures in this context does not significantly endanger the interests which the privilege protects.” Id. at 190 . | 1 | 1993–1993 |
Custody of a Minor
green
2 sentences1992As a practical matter, the criteria to be examined and the basic applicable reasoning are the same." (Citation omitted.) Custody of a Minor (No. 1), 385 Mass. 697 , 710 n. 10 (1982), quoting Custody of a Minor, 375 Mass. 733, 753 (1978). [12] The judge did not address two other State interests, the protection of innocent third parties and prevention of suicide, as they are not relevant to this case. 1992As a practical matter, the criteria to be examined and the basic applicable reasoning are the same.” (Citation omitted.) Custody of a Minor (No. 1), 385 Mass. 697 , 710 n.10 (1982), quoting Custody of a Minor, 375 Mass. 733, 753 (1978). | 1 | 1992–1992 |
| Beloin v. Bullett green | 1 | 1975–1975 |
| Stinson v. Meegan green | 1 | 1975–1975 |
Riordan's Case
green
2 sentences1975I disagree. 1 The majority opinion draws support for its interpretation of best interests from cases decided under predecessor statutes to § 3 (see, e.g., Beloin v. Bullett, 310 Mass. 206 [1941]; Adoption of a Minor, 357 Mass. 490 [1970]; Adoption of a Minor, 362 Mass. 882 [1972]) and cases decided in the guardianship context under c. 201, § 5 (see, e.g., Richards v. Forrest, 278 Mass. 547 [1932]; Stinson v. Meegan, 318 Mass. 459 [1945]; Kauch, petitioners, 358 Mass. 327 [1970]). 1975I disagree. [1] *648 The majority opinion draws support for its interpretation of best interests from cases decided under predecessor statutes to § 3 (see, e.g., Beloin v. Bullett, 310 Mass. 206 [1941]; Adoption of a Minor, 357 Mass. 490 [1970]; Adoption of a Minor, 362 Mass. 882 [1972]) and cases decided in the guardianship context under c. 201, § 5 (see, e.g., Richards v. Forrest, 278 Mass. 547 [1932]; Stinson v. Meegan, 318 Mass. 459 [1945]; Kauch, petitioners, 358 Mass. 327 [1970]). | 1 | 1975–1975 |
Adoption of a Minor
green
2 sentences1975I disagree. 1 The majority opinion draws support for its interpretation of best interests from cases decided under predecessor statutes to § 3 (see, e.g., Beloin v. Bullett, 310 Mass. 206 [1941]; Adoption of a Minor, 357 Mass. 490 [1970]; Adoption of a Minor, 362 Mass. 882 [1972]) and cases decided in the guardianship context under c. 201, § 5 (see, e.g., Richards v. Forrest, 278 Mass. 547 [1932]; Stinson v. Meegan, 318 Mass. 459 [1945]; Kauch, petitioners, 358 Mass. 327 [1970]). 1975I disagree. [1] *648 The majority opinion draws support for its interpretation of best interests from cases decided under predecessor statutes to § 3 (see, e.g., Beloin v. Bullett, 310 Mass. 206 [1941]; Adoption of a Minor, 357 Mass. 490 [1970]; Adoption of a Minor, 362 Mass. 882 [1972]) and cases decided in the guardianship context under c. 201, § 5 (see, e.g., Richards v. Forrest, 278 Mass. 547 [1932]; Stinson v. Meegan, 318 Mass. 459 [1945]; Kauch, petitioners, 358 Mass. 327 [1970]). | 1 | 1975–1975 |
Kauch
green
2 sentences1975I disagree. 1 The majority opinion draws support for its interpretation of best interests from cases decided under predecessor statutes to § 3 (see, e.g., Beloin v. Bullett, 310 Mass. 206 [1941]; Adoption of a Minor, 357 Mass. 490 [1970]; Adoption of a Minor, 362 Mass. 882 [1972]) and cases decided in the guardianship context under c. 201, § 5 (see, e.g., Richards v. Forrest, 278 Mass. 547 [1932]; Stinson v. Meegan, 318 Mass. 459 [1945]; Kauch, petitioners, 358 Mass. 327 [1970]). 1975I disagree. [1] *648 The majority opinion draws support for its interpretation of best interests from cases decided under predecessor statutes to § 3 (see, e.g., Beloin v. Bullett, 310 Mass. 206 [1941]; Adoption of a Minor, 357 Mass. 490 [1970]; Adoption of a Minor, 362 Mass. 882 [1972]) and cases decided in the guardianship context under c. 201, § 5 (see, e.g., Richards v. Forrest, 278 Mass. 547 [1932]; Stinson v. Meegan, 318 Mass. 459 [1945]; Kauch, petitioners, 358 Mass. 327 [1970]). | 1 | 1975–1975 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.