Holly A. Harney

Areas of Practice

Divorce and Family Law

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Holly A. Harney specializes in divorce and family law at the Law Offices of Holly A. Harney in Barnstable, MA and practicing throughout Cape Cod and the islands of Martha’s Vineyard and Nantucket. In the courtroom, she proves expert legal bravado as a divorce, criminal defense and civil litigation lawyer.  She means business in front of a judge and jury.

Within the community, she’s the recipient of the ‘unsung hero award’ for a reason. Her dedication to the community lies in her extensive and continual support of several non-profit organizations. She volunteers by offering free legal advice for the WE CAN organization and is a member of the Board of Directors at the Cape Cod Center for Women. She cares.


Testimonial: Our Future Is Brighter
“Thank you for sticking with us every single step of the way through the bitter but very sweet end. I am so grateful I met you at the divorce boot camp in Falmouth and will never forget how you turned my problems into your challenges. You made my life and my children’s days bearable during the most devastating time of our lives. And we are all doing great thanks to your knowledge of the law, the local courts and super courtroom skills but also, your genuine kindness, understanding and respect. It has been a learning experience but our future is brighter because of it.”
-Senna M.


The First Thing We Do

You will be personally greeted and welcomed by our staff and determine how Attorney Harney can best help you based on your individual situation. A free initial consultation by phone or in person will be scheduled. Clients can work with our office to work out payment plans to ensure representation. At the Law Offices of Holly A. Harney, you will find  a talented, compassionate team dedicated to their clients and the communities they serve.


(1) Don’t wait to make a call to find out if you have a case or need legal guidance;

(2) Don’t automatically assume you cannot afford a lawyer;

(3) Don’t fall prey to the belief that you already know the law and your rights.

It will negatively affect you in the long run if you do have a case or need legal representation.  Make the call today at 508-771-4210.


Case Reviews: Attorney Harney at Court

Too bad, I'm taking the children to California!

Parents are placed in a precarious situation whenever one parent seeks to remove children from the Commonwealth without the consent of the other parent. These are commonly known as “removal” cases. Recently, I prevented a removal at the request of a client. The opposing parent sought to remove the minor children to California, while my client opposed.

A court may allow removal “upon cause shown” which has been interpreted to mean that the move must be in the best interests of the child. Removal petitions are evaluated under one of two analyses. When a parent with sole physical custody of the child seeks to relocate the child outside the Commonwealth over the objection of the non-custodial parent, the “real advantage” test applies. If the parent seeking removal from the Commonwealth, however, shares physical custody with the other parent the advantage of the moving party becomes merely a relevant factor in the over-all inquiry of what is in the child’s best interest.

While, of course, each case will be considered on its own, individual facts, the Court in my case declined to permit the requested relocation.

Key Point:

The best interest of the children is the overwhelming standard in all custody determinations. However, important in a court’s “removal” decision is whether reasonable accommodations could be made to ensure ongoing contact with the children and the non-custodial parent.

Special Note:

A solution the courts generally include daily contact via Skype, FaceTime or other social media and prolonged visitation when the children are not in school.




Lawyer Category: Divorce and Family LawLawyer Tags: Barnstable, Boston, Bourne, Cape Cod, Centerville, Cotuit, Dennis, East Dennis, Falmouth, Hyannis, MA, Marstons Mills, Martha's Vineyard, Mashpee, Mass., Massachusetts, Nantucket, Orleans, Osterville, West Dennis, Yarmouth, Yarmouth Port, and Yarmouthport

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