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Questions Answered by Kim Carnevale
1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: If I have full custody of my child but she visits her mom on the weekends do I need her permission to move out of state

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?

Kim Carnevale
Kim Carnevale answered on Oct 12, 2021

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...
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1 Answer | Asked in Child Support for Massachusetts on
Q: Ex stopped paying child support because he had one and I had one. His is 19 and out of his house. Mine is 17.

We had five. When third turned 18 he stopped support because he had one and I had one. Now I am only one with dependent child. Can I get support?

Kim Carnevale
Kim Carnevale answered on Sep 24, 2021

Massachusetts child support laws allow for child support and educational expenses payments even after your child turns 18 and up to 23 years of age. The court looks at whether your child is “principally dependent” upon one parent which is usually understood to mean that the adult child lives... Read more »

2 Answers | Asked in Child Custody for Massachusetts on
Q: Can I talk to my sons doctors/providers about his treatment while emergency temporary custody is with his grandparents?

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 »

Kim Carnevale
Kim Carnevale answered on Sep 14, 2021

Whether you have the right to talk with your son‘s doctor(s) first depends upon the court Order that is currently in place regarding legal custody of your son. Thus, if the emergency order grants sole legal custody to his paternal grandparents as guardians, which it likely does, then only they... Read more »

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Criminal

I went to New Bedford District Court on August 24, 2021 and my Court appointed lawyer with Craig Fries, and I was totally blindsided by him because right before the judge called me,, my lawyer came up to me and said the da and me agreed to 6 months drug screens continued without a finding and then... Read more »

Kim Carnevale
Kim Carnevale answered on Sep 4, 2021

If Probation has issued a warrant for you, then, as you probably know, you can be arrested on that warrant at any time and possibly held on bail pending any Violation of Probation hearing.

Many lawyers offer free consultations and may help you decide what your options are and see if you...
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1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My rights with animal control massachusetts

A friend was watching my dog while I was at work and walked into the store and tied him up outside and left accidentally without the dog returned a couple of hours later dog being held at store until animal control arrives owner went to store with updated license and vaccinations

Kim Carnevale
Kim Carnevale answered on Mar 5, 2021

Animal control should release the dog to you once you provide proof of ownership - dog license, photos, whatever you have - provided the officer believes that someone else, not you, left you dog tied for hours and that you did not neglect or abuse your dog. You should be aware that animal control... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: If someone's been watching my dog while I look for a new place, old one sold. Can they try and keep my dog

Long story short my apt building sold and with pandemic now and everything it's been hard finding a place. One that expects pets and I can afford. But now the person who has been watching my dog is trying to steal them from me because they have grown attached and wanted their own dog now. Can... Read more »

Kim Carnevale
Kim Carnevale answered on Mar 5, 2021

You should ask for your dog back and find someone else if you still do not have a place. If this person refuses, you should not wait to take legal action. Dogs and other companion animals are still considered property in Massachusetts, so the person will have to return your dog to you unless the... Read more »

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