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Questions Answered by Lillian J. LaRosa

1 Answer | Asked in Divorce and Civil Litigation for Massachusetts on

Q: Awaiting Decision after Trial one year ago

We had our trial one year ago this month and I don't understand why it is taking so long to get a decision from the judge and also why does my lawyer fear submitting a status inquiry as to when a decision will be made?

Lillian J. LaRosa answered on Aug 9, 2019

You should discuss this with your divorce attorney. It is possible that he or she is aware of the Judge's calendar or other situation causing delay. The Court personnel may be/ probably are aware of the case remaining undecided as well. Your counsel probably does not want to anger or upset the... Read more »

2 Answers | Asked in Probate for Massachusetts on

Q: Looking to hire and get questions answered about estate and inheritance law in PR.

My husbands father passed away in 2015. We we told he owned property and arent sure if he had other assets. He has two chilrden my husband being one and his sister. When he passed their aunt to control of everything and included them in nothing. We are looking to find out if everything was done... Read more »

Lillian J. LaRosa answered on Aug 7, 2019

Hello, If your father in law was not a resident of Massachusetts, then it is not a Massachusetts matter unless there was property in Massachusetts in which case what is referred to as an Ancillary appointment would be needed, but this is would entail the same person being appointed in... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on

Q: My spouse got physical custody of my daughter 10 yrs ago. My daughter wants to move in with me. Do I need a court order?

Daughter is 16 years old.

Lillian J. LaRosa answered on Jul 30, 2019

Hello, yes, you should file a Modification proceeding and a Motion for Temporary Orders seeking primary physical custody of the child and if granted, then you would be entitled to child support from the other spouse.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on

Q: Massachusetts- Rights of the father to seek psychological help for his son, mom refuses. What can be done?

Step mother is being verbally and physically abused by the her oldest step son. Father wants to get him psychological help for these issues but the mother isn't cooperating. Child lives 3 hours away in another state. What are the father's rights to getting his son the help he needs?

Lillian J. LaRosa answered on Jul 26, 2019

You have not stated the age of the child. If he is a minor and if father has joint legal custody then he can seek a Modification for Medical decision-making authority based upon mother's refusal to deal with the aggression . You would need a Petition for same and a Motion for Temporary Orders as it... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Legal Malpractice for Massachusetts on

Q: Can I legally read a sealed court case if my mother has a copy of the case and grants me permission?

As a child I was part of a very intense custody battle. The case has since been sealed but my mother has a copy. Can I legally read the documents If I’m given permission by my mother to read the documents she possesses and the case pertains to me?

Lillian J. LaRosa answered on Jul 24, 2019

Was there an impoundment order? The parties and their counsel

would have access to information in the file. The file is not public

so there should be no dissemination of the contents without a

vacating of the impoundment order. So if you have concerns then

you should...
Read more »

1 Answer | Asked in Child Custody for Massachusetts on

Q: In a custody case, can opposing counsel interview a minor child

Lillian J. LaRosa answered on Jul 22, 2019

The investigation should be done by a guardian ad litem appointed by the Court or a Probate Court Probation officer. Therefore, your counsel should bring forward a Motion for same.

1 Answer | Asked in Divorce for Massachusetts on

Q: Separation agrt finalized Sept 2015. Spouse has did not retire at 70. Can ex ask for said retirement monies

Lillian J. LaRosa answered on Jul 22, 2019

Hello, this would involve a reading of your separation agreement in the context of the recent cases and should be addressed with your divorce attorney as 4 years ago the spouse's retirement or not should have been contemplated.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Massachusetts on

Q: Mother tells father of unborn child (3.5 months) to pay hotel bill until baby is born or he can’t see child. Extortion?

(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.

Mother is... Read more »

Lillian J. LaRosa answered on Jul 18, 2019

Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on

Q: I was the sole caregiver for both of my ailing parents for almost 10 years. After 2 yrs,I had to sell my home and move i

with them because they required around the clock care. My dad passed 3yrs ago, and my mom died may 2018. Throughout that time, my life came to a complete halt. My Sisters continued to work, travel and live their lives. Unfortunately, my mom passed away before she put together a living trust. Me and... Read more »

Lillian J. LaRosa answered on Jul 16, 2019

This is a landlord tenant matter at this juncture as well as a probate matter. I cannot tell from the facts presented whether there was a discussion of a potential claim or whether there was and a claim filed against the estate in a timely fashion due to the statute of limitations . You need... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on

Q: My son girlfriend is 16 years old and has a 8 month baby with my son. The girlfriend has been living with me for a year.

The girlfriend’s mother does not give her any child support she gets from her father. Girlfriend’s mom gets snap benefits and child support and refuses to give the daughter any money. I been supporting this 16 year old.

Lillian J. LaRosa answered on Jul 15, 2019

To obtain a support order you would need to be appointed the girlfriend's guardian first.

1 Answer | Asked in Probate for Massachusetts on

Q: We live in Texas. My wife’s mother, residency in Massachusetts, passed away in Florida, over 4 years ago.

She had a checking and savings account. The savings acct was put on hold pending probate. My wife was a signer in checking acct. one and a half years after death my wife and her two brothers had a service and wrote a check out checking acct.

Recently the mothers pensioner said they have... Read more »

Lillian J. LaRosa answered on Jul 15, 2019

If she was a Massachusetts resident and the sum of money in the estate in question was under $25,000 then a Voluntary Statement could be filed with the Probate Court for the area where she lived and this would hopefully enable you to deal with the bank and pension payment issue. However, sometimes... Read more »

1 Answer | Asked in Family Law and Child Custody for Massachusetts on

Q: My ex wife is threatening to refuse me visitation.

Hello. My ex wife is threatening to refuse me visitation, on the grounds that she does not approve of my new significant other (Who has no criminal record, is a mother of 4, doesn't drink, do drugs, etc, and is not a danger to my daughter in any way). We have joint legal custody, and a... Read more »

Lillian J. LaRosa answered on Jul 12, 2019

It sounds like you could file a Contempt for the refusal of visitation.

1 Answer | Asked in Estate Planning, Family Law and Probate for Massachusetts on

Q: I live in MA, my father who presided in AZ passed away a few weeks ago

My father was married to a woman who he shared no children and my sister and I were a previous marriage. He left no will. How do My sister and I protect our inheritance rights? The wife was hesitant to give us a photo album from our childhood never mind our inheritance. Is there some sort of way to... Read more »

Lillian J. LaRosa answered on Jul 12, 2019

This is an Arizona case if your father resided there and you should therefore contact a Probate attorney in that area.

1 Answer | Asked in Divorce for Massachusetts on

Q: Is there a tracking assigned to divorce cases in Massachusetts or a standard time constraint for decisions on cases?

Been waiting 10 months since delivering proposed judgment to my case judge and have had no response.

Lillian J. LaRosa answered on Jul 11, 2019

There is an overall guideline and 10 months is long, but you should discuss this with your divorce attorney and also check the public docket.

2 Answers | Asked in Divorce for Massachusetts on

Q: I divorced my wife of 29 years,after 2years we remarried. can she pursue assets she let me keep in 1st marriage

i may want another divorce

Lillian J. LaRosa answered on Jul 8, 2019

Your remarriage to your former spouse is a new short marriage.

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1 Answer | Asked in Child Custody for Massachusetts on

Q: My 14 yr old grandson lives with his father, his father abuse's him and makes him sleep outside do i need a lawyer?

His father is keeping him from me, his father is unfit to care for him i once had guardianship of my grandson.

Lillian J. LaRosa answered on Jul 8, 2019

You have not given enough information as to whether there was a divorce or if this is an unmarried situation nor information as to your involvement with the child, but if there is abuse or neglect you can certainly contact the Department of children and Families.

1 Answer | Asked in Divorce for Massachusetts on

Q: Any legal recourse?years ago was charged with lewd and lacivious conduct in MA. The other party was in his 20s

Along with another 14 year old girl. We were charged with sexual acts in public. This was about 18 years ago. We were with two men in their late twenties. As an adult parent of a 14 year old, and kn retrosepct, I know that I was a victim of these men. I feel as though I was a victim of the court,... Read more »

Lillian J. LaRosa answered on Jul 8, 2019

There are attorneys who specialize in sexual abuse cases and this is not really a family law question.

1 Answer | Asked in Divorce for Massachusetts on

Q: Will I win in court in MA if I've offered to pay 100% of all college costs in lieu of child support and ex said NO?

I have a clause in my decree that states "Child support received shall go towards college costs/expenses" My ex has informed me that she will not put support towards college. I have offered to pay 100% of college and all related expenses in lieu of support and she has said NO. College... Read more »

Lillian J. LaRosa answered on Jul 1, 2019

I don't know how long ago you were divorced and when the child support guidelines were calculated , so I can only generalize that the new Guidelines take the individual facts involved into consideration and your separation agreement seems to be in-line with your proposal. However, if she is... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on

Q: My brother (45yrs) has custody of his 2 kids (1 biological & 1 stepson) but he still lives with my parents.

My mother is tired of supporting the 3 of them and wants him & his kids out of the house. How would she accomplish this when he’s not willing to move out on his own?

Lillian J. LaRosa answered on Jun 21, 2019

This is more of a landlord tenant issue I believe.

1 Answer | Asked in Child Custody for Massachusetts on

Q: Unmarried parents, not living together- daughter is 1 month old and I am filing for custody and visitation in MA

Mother wants to take her out of state for 2-3 weeks which means I won’t be able to see my daughter. How do I prevent this? We do not yet have any court orders.

Lillian J. LaRosa answered on Jun 11, 2019

If paternity has not been formally acknowledged already you can commence a Paternity proceeding and seek temporary orders that the child not be removed from the Commonwealth of Mass until adjudication of same. If paternity was already established then a Custody and Support proceeding would need to... Read more »

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