Questions Answered by James J Bagley

Q: How can I remove the nonbiological father from a birth certificate?

1 Answer | Asked in Family Law for Massachusetts on
Answered on May 6, 2013
James J Bagley's answer
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.

Q: If I have a blanket child support which will end in 2014 when my younger son will turn 18, should I be worried?

1 Answer | Asked in Divorce for Massachusetts on
Answered on May 1, 2013
James J Bagley's answer
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 you in order to determine what you might be worrying about.

Q: If a divorce decree states the child can be claimed on Odd years does that mean tax year or filing year

1 Answer | Asked in Divorce for Massachusetts on
Answered on May 1, 2013
James J Bagley's answer
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.

Q: Is a defense attorney obligated to turn over inculpatory evidence to the prosecutor?

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Apr 24, 2013
James J Bagley's answer
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 can move to withdraw, amongst other things, but will never be obligated to turn over inculpatory evidence.

If the Prosecutor asks for the specific evidence in Discovery and giving it to them...

Q: I want a divorce, what are the steps that I should follow.

1 Answer | Asked in Divorce for Massachusetts on
Answered on Apr 23, 2013
James J Bagley's answer
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.

Q: Mother of child passed away, her family has the child. can the legal father keep the baby

1 Answer | Asked in Family Law for Massachusetts on
Answered on Apr 23, 2013
James J Bagley's answer
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.

Q: How often does the father get full custody? the mother is not crazy but def not in right state of mind

2 Answers | Asked in Child Custody for Rhode Island on
Answered on Apr 23, 2013
James J Bagley's answer
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 ask for.

Q: Can child support continue to charge me with intrest after losing job and filing a motion in court.

2 Answers | Asked in Child Support for Rhode Island on
Answered on Apr 23, 2013
James J Bagley's answer
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 situation to get more help.

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

1 Answer | Asked in Probate for Rhode Island on
Answered on Apr 23, 2013
James J Bagley's answer
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 estate is in probate than you will have to wait.

Q: In Providence, Rhode Island. can a retail store sell my goods after 30 days without notice?

1 Answer | Asked in Business Law for Rhode Island on
Answered on Apr 23, 2013
James J Bagley's answer
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 with them before you proceed with a small claims case.

Q: What are my rights to real estate owned by my father at his death? I am an adult only child

2 Answers | Asked in Family Law for Rhode Island on
Answered on Apr 23, 2013
James J Bagley's answer
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 consultation on this matter. 401 454 7700

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