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Massachusetts Appeals Court weighs whether trial judge properly terminated father’s parental rights

Massachusetts Appeals Court · April 2, 2026
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Summary

In a remote oral argument in case no. 25913, lawyers for a father, the Department of Children and Families and the child debated whether the trial court erred in finding the father unfit and terminating parental rights, focusing on past conduct, relapse, falsified drug screens and treatment engagement.

The Massachusetts Appeals Court heard oral argument in Department of Children and Families v. Father, case no. 25913, over whether the trial court properly terminated the father’s parental rights.

Roberta Driscoll Weiss, counsel for the appellant father, said the judge erred by giving disproportionate weight to distant events rather than the father’s more recent treatment and progress. “Father need not be an ideal parent to be a fit parent,” Weiss told the panel, arguing that unfitness must be proven by clear and convincing evidence and that findings should focus on present and future risk, not remote conduct.

Weiss acknowledged prior wrongdoing, including falsified urine screens in 2020–21 and a July 2021 episode of active substance use, but urged the court to consider the father’s subsequent engagement in treatment at Spectrum and largely negative screens from November 2022 to April 2024. She argued relapse in recovery is…

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