Mother challenge in Massachusetts

2025The mother does not challenge the judge's finding, based on the evidence at trial, that the department satisfied its obligation to make reasonable efforts. 10 Adoption of Diane, 400 Mass. 196, 204 (1987) ("The judge could properly rely upon prior patterns of ongoing, repeated, serious parental neglect . . . in determining current unfitness").

2024We are not persuaded that the evidence of the father's domestic violence and anger management issues was stale, see Adoption of Diane, 400 Mass. 196, 204 (1987); we likewise consider it sufficiently detailed to support the judge's subsidiary findings concerning the mother's ability to protect 16Tellingly, the father does not challenge the judge's findings that although the mother testified that she did not want the father to supervise Zygmunt "because she wants Zygmunt to be safe and not to be hurt again," and her safety plan for the family included taking the children to a friend's house when

2024Here, the judge's "'specific and detailed' findings," which the mother does not challenge as erroneous, "demonstrate [the mother's] parental unfitness clearly and convincingly." Adoption of Jacob, 99 Mass. App. Ct. 258 , 262 (2021), quoting Custody of Eleanor, 414 Mass. at 799 .

2024We note that the judge's "'specific and detailed' findings," which the mother does not challenge as erroneous, "demonstrate [the mother's] parental unfitness clearly and convincingly." Adoption of Jacob, 99 Mass. App. Ct. 258 , 262 (2021), quoting Custody of Eleanor, 414 Mass. 795, 799 (1993). 2.

2026See Adoption of Willow, 433 Mass. 636 , 645- 647 (2001).

2025Our review leads us to conclude that the mother's arguments "amount to no more than a disagreement with the judge's weighing of the evidence and credibility determinations regarding witnesses." Adoption of Don, 435 Mass. 158, 166 (2001).

2025See Adoption of Ilona, supra. We discern no error in the judge's unfitness determination and her decision to terminate the mother's parental rights, where the mother did not challenge any of the judge's factual 13 findings, and the judge did not rely on the lack of visitation between the mother and the children.

2025See Palmer v. Murphy, 42 Mass. App. Ct. 334, 338 (1997) ("Objections, issues, or claims -- however meritorious -- that have not been raised at the trial level are deemed generally to have been waived on appeal").

2025More importantly, the judge also considered the potential risks to the children posed by the mother's misuse of marijuana; the judge considered both the mother's failure to follow her safety plan for the children's supervision in light of her daily marijuana use, see Adoption of Zoltan, 71 Mass. App. Ct. 185, 190 (2008), quoting G.

2025With one exception that we address infra, the mother does not challenge the judge's findings as clearly erroneous. 2 The judge properly considered the fact that the mother's use of marijuana was so heavy that she regularly spent nearly all of her monthly income on the drug, see Adoption of Virgil, 93 Mass. App. Ct. 298, 303 (2018) (financial instability is proper consideration in unfitness determination, although insufficient on its own to justify termination of parental rights), and that she had to travel out of state to buy marijuana because her demand for it required her to buy more than th

2025See Adoption of Garret, 92 Mass. App. Ct. 664 , 666 & n.7 (2018).

2025We are not persuaded by the mother's claim that the judge "ignored" the testimony of Dr. Karen Clarke, the mother's expert witness on bonding and attachment, that she "found [the mother] to be in a really good place to meet her children's physical and psychological long-term needs." Where the judge's findings reflect her disagreement with Dr. Clarke's testimony that the mother exhibited "good judgment," was willing to seek supports, and was "open to utilizing those supports," we think it likely that the judge rejected Dr. Clarke's opinion, not that she failed to consider it.4 See Adoption of a

2024The judge properly considered not only the mother's history as a victim of domestic violence, see Adoption of Carla, 416 Mass. 510, 517 (1993) ("prior history does have prognostic value" in assessing parental fitness), but also recent episodes in which the mother was the aggressor in incidents involving both a recent partner and her own mother.9 See Adoption of 8 The mother does not challenge as erroneous the judge's findings about the conditions of the apartment, including the presence of standing water in a bathtub, the presence of dirt soaked with bleach, and the existence of noxious odors.

2023See Petition of the Dep't of Social Servs. to 8 "Parental unfitness is determined by considering a parent's character, temperament, conduct, and capacity to provide for the child's particular needs, affections, and age." Adoption of Anton, 72 Mass. App. Ct. 667, 673 (2008).

2017See Gravlin, supra. For these reasons, we agree that the father met his burden of establishing as to both complaints "a clear and undoubted disobedience of a clear and unequivocal command."8 Wooters, supra, quoting from Mahoney, supra. After finding by clear and convincing evidence that the mother violated a court order, the 8 The mother stated at the hearing that the violation dates listed in the father's complaint for contempt were correct as to Wednesday night visits with the children; the judge determined that, on those occasions, the mother brought the children to the Pepperell police sta

2017See Gravlin, supra. For these reasons, we agree that the father met his burden of establishing as to both complaints "a clear and undoubted disobedience of a clear and unequivocal command."8 Wooters, supra, quoting from Mahoney, supra. After finding by clear and convincing evidence that the mother violated a court order, the 8 The mother stated at the hearing that the violation dates listed in the father's complaint for contempt were correct as to Wednesday night visits with the children; the judge determined that, on those occasions, the mother brought the children to the Pepperell police sta

2017See K.A. v. T.R., 86 Mass. App. Ct. 554, 567 (2014).

2017See Gravlin, supra. For these reasons, we agree that the father met his burden of establishing as to both complaints "a clear and undoubted disobedience of a clear and unequivocal command."8 Wooters, supra, quoting from Mahoney, supra. After finding by clear and convincing evidence that the mother violated a court order, the 8 The mother stated at the hearing that the violation dates listed in the father's complaint for contempt were correct as to Wednesday night visits with the children; the judge determined that, on those occasions, the mother brought the children to the Pepperell police sta

2016However, the judge was not required to credit the mother’s testimony, Baccanti v. Morton. 434 Mass. 787, 791 (2001), especially where the mother later acknowledged that she did not have suitable living accommodations for Hannah as of May, 2012. 21 Due to a typographical error, the judge added the $2,500 payment to $188,237 (rather than $188,637, a difference of $400), resulting in the $190,737 figure.