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Questions Answered by Lillian J. LaRosa
Q: How do I go about filing an appeal on DCF? I am involved in case on which I am NOT the supported person of neglect.

Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 6, 2020

This is actually an area of specialization. However, briefly, if you are within 30 days of the supported finding of abuse or neglect you can ask for a fair hearing and if the finding is adverse at the fair hearing, then the Superior Court would be involved if an appropriate appeal of the hearing... Read more »

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1 Answer | Asked in Child Custody for Massachusetts on
Q: How does probate court for custody work in Massachusetts

My son is almost 4 and has lived with me his whole life, along with his mother This past January she had gotten us evicted and I have my own apartment, she took my son and is living in a shelter Using my child to get herself state housing, while I work 40 hours a week How can I get to see... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 29, 2020

Has paternity been acknowledged? If not, then you should commence a Paternity proceeding and request visitation and child support orders to be entered upon a paternity finding. The law in unmarried situations is that the mother is the sole custodial parent, however, upon a showing that you were... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: Heirs at law question. My cousin Susan recently passed away. She had no husband, no children, no siblings

And her Parents died before her. She has 6 first cousins. 2 cousins died before Susan (both had husbands and children) and 1 cousin died after Susan (had a husband and son). Who are the heirs?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 19, 2020

Assuming she had no living great grandparent and no living aunts or uncles, or great aunts or uncles the living first cousins coming from the grandparents would take. See the Massachusetts degrees of kinship chart MPC 960

1 Answer | Asked in Divorce for Massachusetts on
Q: Filed for divorce, moved out dec 2019 Wife dating someone. Does that affect the divorce in any way?

Assets include 401k tsp plans. 2 minor children

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 16, 2020

If the other person is cohabiting then that affects alimony and if the person is a risk to the children or the children are not doing well with this individual being around them, then custody can be affected. If wife is spending monies on this other person that affects equitable distribution to... Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: My mother died in a nursing home in RI, her mailing address was mine in MA- she had less than $5000-where is probate?
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 15, 2020

What was the residence listed on the death certificate? Before she was in the nursing home was she living in RI?

2 Answers | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: My husband and I have been separated since 2017. I’m terrified of him but I want to finally go through with the divorce

We briefly reconnected for about two months winter 2018 and now we have a baby. I told him I was pregnant in April 2019 when I found out and I didn’t hear from him my entire pregnancy nor did I hear from him her entire first six months of life. I ended up contacting him for help which was a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 15, 2020

A divorce sounds in order. Was this a very brief marriage of under 3 years or what duration, if not. The child is a child born of the marriage, but apparently he is not truly in the child's life so the presumption of joint legal custody is also an issue and determining appropriate visitation-... Read more »

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1 Answer | Asked in Probate for Massachusetts on
Q: Late filing question. My aunt passed away about 25 years ago, she owned real property in Massachusetts and stocks, she

Had a will, giving her son everything. Her son recently died and we discovered he never transfer the real property or went through probate. He did not have a will or any children or a spouse. Can we file these estates together? Due to what her son did with her assets, there is really no way to... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 12, 2020

These are still two separate estates and depending upon when he died he may be under the MUPC . You have not stated whether your aunt had other children or was married, either, nor whether aunt's Will was probated. You should have a Probate attorney handle this matter as there are many issues... Read more »

2 Answers | Asked in Consumer Law, Divorce, Employment Law and Family Law for Massachusetts on
Q: What can I do to recover damages? Anything?

My now ex wife worked with me in my business. She ended up having an affair with one of our employees. During her deposition she did not admit to a relationship with the employee but as soon as our divorce was final he moved in and made it public through social media. She has posted damaging... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 11, 2020

If you feel that the conduct on line is defamatory that is not a divorce issue, but a tort issue and there are attorneys who address defamation whom you can contact about a potential case. Adultery was also a criminal offense and while it is a ground for divorce you went another route-although... Read more »

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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: hello, I got divorce in CT. post divorce got a bench warrant (miscommunication), its resolved, will i pass my BC ?

I received a contract to teach in a private high school in MA, I have no criminal history, no traffic offense, but I am worried my post divorce issue will showcase me as a person i am not. Can my Background Check CORI shows the post divorce Bench warrant ( even though it has been resolved) and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 11, 2020

If there is any problem, then you should engage counsel to represent you to have the record rectified.

1 Answer | Asked in Probate for Massachusetts on
Q: Possible stolen inheritance?

After my father died when I was 9, my dad gave my aunt custodian to the inheritance I'd receive. Now that I am 18, I've been trying to contact her receiving information about it and she wont budge or even contact me regarding it and blocked my number. The money was supposed to pay for my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 11, 2020

It is not stated what Probate Court was involved in having your aunt appointed as your Guardian and Conservator, but annually there should have been Accounts filed by her showing sums of money received and payments out and what remains. There should have been an initial Inventory filed as well. You... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for Massachusetts on
Q: I need to know legally where I stand with child support. X had c/s reduced 6 years ago due to no jobs but does very well

He just bought a $700,000. house, goes to the Caribbean 2-3 times a year and does not cover my health insurance and it’s in our divorce. The $49 a week I get in c/s is not enough

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 9, 2020

It sounds like a Modification of Child Support matter can be filed based upon his material change in circumstances . The current Guidelines would be applicable, also. It also sounds like he is in Contempt with regard to your health insurance coverage if that was not changed in the earlier... Read more »

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Domestic Violence for Massachusetts on
Q: How would I go about filing a lawsuit for parental alienation against my daughter's father and his wife?

Also, how would I find out if my daughter has a lawyer? Any information you can give is greatly appreciated. What steps should I take? I haven't seen her since February when we had a wonderful relationship. I already proved drug allegations to be false in court. They are making false... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 4, 2020

Is there a Modification petition pending? Has your visitation been limited by any Court Order? If not you may file a Modification Complaint of your own if the circumstances have changed materailly since your prior orders. You could check the docket on line to see whether counsel for the child was... Read more »

1 Answer | Asked in Divorce for Massachusetts on
Q: Financial SHORT form-MA-Assets- Is it mandatory to attach most recent bank statements or just filling the amounts is ok
Lillian J. LaRosa
Lillian J. LaRosa answered on May 26, 2020

There is a separate Rule -Supplemental Rule 410, concerning exchange of financial information going back 3 years referred to as Mandatory Self-Disclosure, so in a way you would be producing bank account statements but on the Financial Statement form itself you are reporting the current balance as... Read more »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Looking to get child support changed due to father of the children reporting less income then actually receiving.

Divorce and custody agreement was done in a different state (Rhode Island). 1. Father is moving out of current state to somewhere unknown 2. Father of the children reported to child support that he makes a certain amount for last three years when he makes almost triple of what he reported. He is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 19, 2020

So it looks like neither of you are in Rhode Island, so you can contact the Mass. Dept. of Revenue about Child Support Enforcement application and their seeking a Modification through the Probate Court in Massachusetts where you are residing for you as an option.

2 Answers | Asked in Divorce for Massachusetts on
Q: Uncontested No-Fault 1A divorce MA - If I have a prenup with my spouse, do we still need to file a financial statement?
Lillian J. LaRosa
Lillian J. LaRosa answered on May 19, 2020

Yes, both parties need to file full and complete financial disclosures on their respective Financial Statements so that the Court can determine whether the prenup is fair and reasonable at both the inception and divorce points. Only the Court can grant a divorce and the Financial Statements are... Read more »

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1 Answer | Asked in Divorce for Massachusetts on
Q: good afternoon, Iam going through a horrible separation /divorce i went from having 780 credit to today 515 in 2 mon

i have alot of debt because he was with holding money and i was using CC's its a huge mess and i dont see a way out. we own a house and have no equity we could break even maybe

Lillian J. LaRosa
Lillian J. LaRosa answered on May 15, 2020

It looks like you need to seek temporary orders concerning the preservation of the marital

asset and possibly to seek spousal support depending upon your fact situation- income disparity?

Length of marriage is a big factor, too. You are in Barnstable county and should have an...
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1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: For parents with joint legal and one parent having sole temporary physical custody (previously 50/50)

Can a parent with physical but joint legal withhold information regarding health of child

Lillian J. LaRosa
Lillian J. LaRosa answered on May 6, 2020

Yes, The name of the provider should be provided to the other parent.

1 Answer | Asked in Probate for Massachusetts on
Q: My brother died and his wife died hours later in New Orleans. She had a daughter from a previous marriage who was never

adopted by my brother. No wills. I am my brother's only living relative. Do we both share the community property?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 4, 2020

So when your brother died assuming he was a Massachusetts resident , then depending upon the remaining facts as to the size of the estate and whether he had children or if not , if he had surviving parents the surviving spouse could be sharing with the child or his parents. From your comments you... Read more »

2 Answers | Asked in Divorce for Massachusetts on
Q: I filed for a divorce in February 2020. The other party couldn't be located. Is there something else i should do ?

The party was due in court on 4/3/20. However, due to the virus the court held a phone conference. The party did not phone in. He is due back in court on the 15th of May, providing the courts are in session. Should I attempt to have him served again and do I just have to pay the Sheriff's... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 4, 2020

From your comment I am understanding that the Deputy Sheriff or Constable was unable to make in hand service of he Complaint and Summons and returned such on the Summons. The next step is to seek a Motion for Alternate Service by publication based on that fact. This would result in an Order that... Read more »

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3 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can the courts force me to visit my child? I pay support fully and on time, but I absolutely refuse to visit.

At this point I’m considering a restraining order against my ex, we agreed that I didn’t have to visit as long as I paid support. But she started trying to force me to visit, she shows up at my house with the kid occasionally. Last time I called the police and they made her leave but she’s... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 27, 2020

If you do not already have an order to visit pursuant to a schedule in place, then you would not be in Contempt for failure to visit. However, if you do not exercise visitation with the child which has been determined by abundant research to be in the child's best interest for their emotional... Read more »

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