SMITH v. McDONALD

SJC-10670.

458 Mass. 540 (2010)

STEPHEN D. SMITH, JR. v. DANIELLE McDONALD.

Supreme Judicial Court of Massachusetts, Worcester.

December 14, 2010.


Attorney(s) appearing for the Case

Barbara J. Katzenberg for the mother.

Julie A. Rougeau (Leila Wons & William Hickey with her) for the father.

Christina L. Paradiso & Edward M. Ginsburg , for Legal Assistance Corporation of Central Massachusetts, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


COWIN, J.

A child was born to the defendant, Danielle McDonald (mother), and the plaintiff, Steven D. Smith, Jr. (father), who were not married. When the child was six months old, the mother moved with the child from Massachusetts to New York. Subsequently, as part of the proceedings at issue in this case, the plaintiff was determined to be the legal father of the child. A judge of the Probate and Family Court ordered the child returned to Massachusetts, gave sole...

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