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Questions Answered by James J Bagley
1 Answer | Asked in Family Law for Massachusetts on
Q: How can I remove the nonbiological father from a birth certificate?
James J Bagley
James J Bagley answered on May 6, 2013

You should speak with the state office of Family Services or Child Support Services. I am not saying you need either of their help, but they are familiar with the specific processes of amending and updating birth certificates and they should be able to steer you in the right direction.

1 Answer | Asked in Divorce for Massachusetts on
Q: If I have a blanket child support which will end in 2014 when my younger son will turn 18, should I be worried?
James J Bagley
James J Bagley answered on May 1, 2013

What are you worried about? When your son turns 18 the non-custodial parent no longer has to pay support to the custodial parent. Are you custodial or non-custodial?

In a situation where a child has disabilities support may be continued further than that. I'd need more information from...
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1 Answer | Asked in Divorce for Massachusetts on
Q: If a divorce decree states the child can be claimed on Odd years does that mean tax year or filing year
James J Bagley
James J Bagley answered on May 1, 2013

Ir probably means tax year. IE- 2013, 2015, etc. If you are unsure you may want to speak with the attorney who drafted the decree prior to it being entered as an order.

1 Answer | Asked in Criminal Law for Rhode Island on
Q: Is a defense attorney obligated to turn over inculpatory evidence to the prosecutor?
James J Bagley
James J Bagley answered on Apr 24, 2013

No. The Brady case and it's progeny requires Prosecutors to turn over exculpatory evidence. A Defense lawyer cannot lie or allow their client knowingly to lie on the stand or present a false claim. If the Defense Lawyer finds out their client intends to lie and cannot dissuade them the lawyer... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: I want a divorce, what are the steps that I should follow.
James J Bagley
James J Bagley answered on Apr 23, 2013

Contact an attorney or go to your local courts clerk's office. The clerks are not allowed to give you legal advice but they can point you towards the right paperwork. However, if there are children, real estate or significant assets involved then I highly suggest you contact an attorney.

1 Answer | Asked in Family Law for Massachusetts on
Q: Mother of child passed away, her family has the child. can the legal father keep the baby
James J Bagley
James J Bagley answered on Apr 23, 2013

If the father's name is on the birth certificate and he retains his parental rights than the father should have superior rights to have his child. . This is not a guarantee and it can and will at times lead to long, drawn out court battles.

2 Answers | Asked in Child Custody for Rhode Island on
Q: How often does the father get full custody? the mother is not crazy but def not in right state of mind
James J Bagley
James J Bagley answered on Apr 23, 2013

Each case is fact specific. The general rule of thumb that courts are reluctant to take a child from their mother is not true anymore. The court will look to the best interests of the child. If being with the mother and you is in the best interests of the child than that is what the court will... Read more »

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2 Answers | Asked in Child Support for Rhode Island on
Q: Can child support continue to charge me with intrest after losing job and filing a motion in court.
James J Bagley
James J Bagley answered on Apr 23, 2013

They can. As long as you have filed a motion for modification the court will apply whatever remedy they grant retroactively, meaning they will go back and apply it starting the date that you filed. If you owe arrears they may continue to collect interest however. Speak with OCCS about your... Read more »

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1 Answer | Asked in Probate for Rhode Island on
Q: Can you charge rent to a family member who is living in a house that is apart of an estate that is in probate
James J Bagley
James J Bagley answered on Apr 23, 2013

If you own the home and/or have superior rights to it than that person and they are not your child under the age of eighteen then you may charge rent. Once the house is out of probate rights may change and you may lose your ability to charge rent. If you currently have no rights because the... Read more »

1 Answer | Asked in Business Law for Rhode Island on
Q: In Providence, Rhode Island. can a retail store sell my goods after 30 days without notice?
James J Bagley
James J Bagley answered on Apr 23, 2013

Are you referring to a consignment/retail store? Each store has its own policy on how long they will hang onto items for sale, did you ever sign any paperwork consenting to their sale of your goods? The short answer is maybe, you will want to look at any agreement or paperwork that you completed... Read more »

2 Answers | Asked in Family Law for Rhode Island on
Q: What are my rights to real estate owned by my father at his death? I am an adult only child
James J Bagley
James J Bagley answered on Apr 23, 2013

Did your father have a will? Are you a biological son? Did your father own the real estate outright or did he just own part of it? There are several questions that would need to be answered before I could help you figure out what your rights are. Feel free to call my office for a free... Read more »

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