My child is 12 now I've had custody since 2014 mom lost custody for not complying with dcf. I would like to move out of state and change her visitations to the summers every other holiday and school vacation is this possible?
Even though you have custody as a result of a DCF case, you would still need to get the permission of the Probate and Family court before you could move out of state with your child if MA removal laws apply. MA law requires you to get permission-
IF your child was born in MA or has lived...Read more »
Basically you can hire counsel as long as you find one who will take your case. Occasionally counsel is brought in late in the proceedings and asks for a Continuance which the Court can allow. This may be the concern you have- delay of the proceedings. Occasionally counsel brought in may have a...Read more »
I was just informed that my sons paternal grandparents filed, and were granted, emergency temporary custody of my son while I was receiving inpatient treatment for my mental health. I also just learned he has been hospitalized for suicidal ideation, which I was not informed of at all. I have always... Read more »
It appears that you will need legal representation in a guardianship dispute and you can file a Motion for appointment of counsel by the Court if you are indigent. If you are not indigent then you should engage counsel once you are able to do so. It appears that you will need to take care of your...Read more »
They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?
I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the...Read more »
The child is now 1 year old. Our friend is 49 and her boyfriend is 53. They are currently together but he was divorced twice. They are asking me and my wife to sign a guardianship proxy. Should we? What is the risk to us?
Are you indicating that you are not willing to serve as the child's guardian if needed to fulfil the role? If so you would need to make that clear to the parents so that they can have others in place. In Massachusetts there is a distinction between guardianship and conservatorship as the...Read more »
If you have a visitation order or a Judgment that states the terms of visitation and are being denied visitation , then there appear to be grounds for a Contempt action unless there is something happening which is inimical to the child's best interests in which case the custodial parent...Read more »
We have been a couple for 20 years, married 14 years. We lived together for 5 years prior to buying a house 5 months before our wedding. The house was initially in his name because he had better credit at the time. We refinanced recently and I am secondary on the mortgage. Am I entitled to half?
Maybe, it depends on all of the factors surrounding your divorce and living together prior to marriage. The Judge must consider about 15 factors then decide what an equitable division of all the assets would be.
You want to consult with an experience divorce attorney who will review the...Read more »
About three years ago my ex husband suffered three ischemic strokes which altered him. I was a stay at home mom for 13 years and one day come home to being kicked out, he retained a lawyer, I was left powerless. I lost custody of my kids after a long battle I couldnt win. It took a long emotional... Read more »
Since your 15 year old has been with you and apparently wants to stay with you , this is a Modification of custody complaint which you would be bringing. At 15 your child would have a voice about her primary residence and would still have visitation with father. It is unfortunate that you have not...Read more »
I left my ex when he was cheating again and he then moved in, knocked up and married the other woman. 50/50 verbal agreement was working the best possible. 1 year later I took my ex to court because he began withholding our children from me when I told him I was in a serious relationship. We have a... Read more »
So, domestic abuse is a serious allegation and you have not stated the outcome of the charge(s) either. The Court would need to find that there is no risk to the children from being around this individual despite your romantic attachment and the Court could potentially grant father custody. Having...Read more »
I've had the same biased judge since 2013 who is never on my side despite the evidence. I filed an ex parte hearing due to my 15 year old daughter's father almost killing his wife by strangulation. The wife has a restraining order on him. I arrived with police to witness the father, wife,... Read more »
The Court assigns the Judges usually by docket number and unless there is a reason for the Judge to recuse, it is very difficult to change the Judge assigned. If your 15 year old is unsafe or unhappy due to what is occurring with her father and his household, then you can seek a Modification and...Read more »
You can commence a Paternity action and seek support orders; both parties have the duty to support their child and if there are public benefits involved, the government has the ability to go forward to seek paternity adjudication regardless of whether you are interested in pursuing the matter.
If the children were not living in Massachusetts for the last 6 months or more, Massachusetts would not have jurisdiction of the children unless the parties agree or agreed that Massachusetts would have jurisdiction .
If there is a uniform support order, and divorce was mediated and both parents waived having one pay child support, with notations by the Judge in the order, can another person modify the order stating that the parent didn't ever pay child support? The parent who supported is deceased.
I have split parents, they have been divorced since I was 5. My mother has been abusing me mentally. I know this always gets over looked as the child overreacting but this isn’t some joke. My parents have equal custody, can I request to live with my good parent?
If you are being mentally abused, have you told a Mandated Reporter such as a pediatrician , social worker, mental health counselor, psychologist, or school guidance counselor or school official or DCF hotline # about this matter and the underlying facts which constitute mental abuse? Is the...Read more »
If by legally you mean that your husband adopted your son and your husband's name is on the birth certificate, I don't think the biological father can do anything because he would have been notified about the adoption. If your husband isn't on the birth certificate then the...Read more »
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