Custody of Two Minors

Massachusetts Appeals Court

Custody of Two Minors

397 N.E.2d 691, 8 Mass. App. Ct. 945, 1979 Mass. App. LEXIS 1027

DecidedDecember 10, 1979

StatusPublished

This text of 397 N.E.2d 691 (Custody of Two Minors) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Custody of Two Minors, 397 N.E.2d 691, 8 Mass. App. Ct. 945, 1979 Mass. App. LEXIS 1027 (Mass. Ct. App. 1979).

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Opinion

In view of the fact that the trial judge did not have the benefit of the recent holding in Custody of a Minor (No. 1), 377 Mass. 876 (1979), at the time the instant matter was heard below, we are constrained to remand for further findings in accordance with principles set out in that case. See id. at 885-886. Accord, Custody of a Minor (No. 2), 378 Mass. 712, 720-721, 722 (1979). At the hearing on remand, the question of current parental unfitness and the other relevant issues raised by the parent in her motion for a new trial also should be considered.

We thus reverse and remand this case to the Appellate Division of the Boston Juvenile Court for appropriate further proceedings.

So ordered.

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In view of the fact that the trial judge did not have the benefit of the recent holding in Custody of a Minor (No. 1), 377 Mass. 876 (1979), at the time the instant matter was heard below, we are constrained to remand for further findings in accordance with principles set out in that case. See id. at 885-886. Accord, Custody of a Minor (No. 2), 378 Mass. 712, 720-721, 722 (1979). At the hearing on remand, the question of current parental unfitness and the other relevant issues raised by the parent in her motion for a new trial also should be considered.

We thus reverse and remand this case to the Appellate Division of the Boston Juvenile Court for appropriate further proceedings.

So ordered.

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Bluebook (online)

397 N.E.2d 691, 8 Mass. App. Ct. 945, 1979 Mass. App. LEXIS 1027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/custody-of-two-minors-massappct-1979.

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