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... View More
answered on Sep 14, 2021
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... View 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?
answered on Sep 12, 2021
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... View 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?
answered on Sep 7, 2021
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... View More
answered on Sep 3, 2021
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... View 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?
answered on Aug 26, 2021
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... View 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... View More
answered on Jul 21, 2021
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... View 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... View More
answered on Jul 9, 2021
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... View 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,... View More
answered on Jul 7, 2021
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... View More
He has never met his child and we have had zero contact. I am just curious as to what some of my options might be going forward.
answered on Jun 21, 2021
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.
There isn’t a time listed but date is approved.
answered on Jun 15, 2021
So if this is an unusual time for pick up for regular visitation then the other party may not agree to provide the child at that hour.
How to protect my parenting rights agreed on if in different jurisdiction?
We are relocating to US, different states!
Thanks
answered on Jun 4, 2021
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.
answered on Jun 2, 2021
This is a very confusing question , particularly if a Modification is being sought against an estate? If there is not an order of child support, is there an order relative to life insurance?
his mom wants to send him to his father whom did not treat him well as a child, he is 19 going to 20 in june will he have a day in this?
answered on Apr 13, 2021
Unless he is under guardianship due to disability, he is an adult and can live elsewhere.
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?
answered on Apr 8, 2021
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... View More
We want my child back with me we are looking for a lawyer to help us reverse it.
answered on Apr 8, 2021
This would probably be a new adoption petition. An adoption practitioner can go over all of your unique facts.
He never wanted the baby, then i got married and my husband recognized my son as his own, so legally my husband is my son's dad.
answered on Apr 2, 2021
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... View More
Recently my son and myself were assaulted by me ex. He was arrested. Found to be a danger. Zero contact with myself and son. Paternal g.parents have temp. Guardianship. She filed for an emergency hearing accusing me of drug abuse. She received this information from her son, my abuser. I feel like... View More
answered on Mar 29, 2021
Have you counsel representing you ? If not , you have a right to counsel and if you are indigent or believe you are indigent the Court will appoint counsel to represent you, but you need to file a Motion for Appointment of Counsel and you should also consider requesting random screening as the... View More
I have been already help raise this child for 10 yrs his father recently received full custody of him due to other biological parent did not respond to letters or show up at court,they awarded him full custody. Now he has gone to jail and gave me full custody rights to his son. The paperwork is... View More
answered on Mar 15, 2021
You question is a bit shy on the procedural background. So there should be a Guardianship of Minor Petition and Petition for appointment as Temporary Guardian. Has that occurred? Otherwise has the DCF commenced a care and protection case in the district court? It sounds like adoption proceedings... View More
My now husband wants to adopt. Bio Father has been in and out of jail over last 10 years for years at a time. Never paid child support.. We live in Massachusetts.
answered on Mar 4, 2021
I take it you have already explored whether he would voluntarily consent to adoption by stepfather? This is the easiest method to proceed. Otherwise there would need to be either a default on a petition or a trial establishing unfitness of bio father with an adjudication.
I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... View More
answered on Feb 24, 2021
You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification... View More
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