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Questions Answered by Lillian J. LaRosa
1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: my boyfriend is 19 and he is having a hard time with his mom who wants to send him back to PR with his dad can he decide

his mom wants to send him to his father whom did not treat him well as a child, he is 19 going to 20 in june will he have a day in this?

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 13, 2021

Unless he is under guardianship due to disability, he is an adult and can live elsewhere.

1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: Can a child request a custody change if they feel they are being mentally abused?

I have split parents, they have been divorced since I was 5. My mother has been abusing me mentally. I know this always gets over looked as the child overreacting but this isn’t some joke. My parents have equal custody, can I request to live with my good parent?

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 8, 2021

If you are being mentally abused, have you told a Mandated Reporter such as a pediatrician , social worker, mental health counselor, psychologist, or school guidance counselor or school official or DCF hotline # about this matter and the underlying facts which constitute mental abuse? Is the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: My sister adopted my daughter because dcyf involvement five years ago. Today me and her want to reverse it. Any help

We want my child back with me we are looking for a lawyer to help us reverse it.

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 8, 2021

This would probably be a new adoption petition. An adoption practitioner can go over all of your unique facts.

1 Answer | Asked in Family Law, Domestic Violence and Probate for Massachusetts on
Q: I was accused of drug use with zero history of drug usage. In family and probate. Pat.g. Parents. Are temp gaurdians

My son and I were physically assaulted by my now ex. My sons father. He is being charged with 3 counts a&b and 2 counts suffocation/strangulation. He was bonded on $5000 bail, plus gps and zero contact with myself and our son. He was found to be a danger. After this transpired, my decade long... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 7, 2021

If you are seeking custody of the child and opposing guardianship of paternal grandmother then you should engage counsel to represent you if you are able to do so. In contesting guardianship an indigent parent can have court appointed counsel via motion to the court requesting same. The is random... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Can my son's biological dad go to court for rights and visitation if he isn't in my son's birth certificate?

He never wanted the baby, then i got married and my husband recognized my son as his own, so legally my husband is my son's dad.

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 2, 2021

Though a child born during a marriage is presumed to be fathered by the husband, this is a paternity question which biological father may be able to bring forward

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1 Answer | Asked in Elder Law, Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: I signed over my home to my grandson . Can I reverse this decision? Is there a time limit to do this
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 29, 2021

You have not supplied any details as to what the circumstances were and it is possible that you were victimized and coerced into doing so or not competent at the time and may be able to pursue an equity action. Pursuing action sooner is better than later and you don't want to run into any... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: I asked a hair follicle drug test question prior

Recently my son and myself were assaulted by me ex. He was arrested. Found to be a danger. Zero contact with myself and son. Paternal g.parents have temp. Guardianship. She filed for an emergency hearing accusing me of drug abuse. She received this information from her son, my abuser. I feel like... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 29, 2021

Have you counsel representing you ? If not , you have a right to counsel and if you are indigent or believe you are indigent the Court will appoint counsel to represent you, but you need to file a Motion for Appointment of Counsel and you should also consider requesting random screening as the... Read more »

1 Answer | Asked in Child Custody and Public Benefits for Massachusetts on
Q: I was given custody of non biological child by the father,whom had full custody.what do I do next,if there's anything?

I have been already help raise this child for 10 yrs his father recently received full custody of him due to other biological parent did not respond to letters or show up at court,they awarded him full custody. Now he has gone to jail and gave me full custody rights to his son. The paperwork is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 15, 2021

You question is a bit shy on the procedural background. So there should be a Guardianship of Minor Petition and Petition for appointment as Temporary Guardian. Has that occurred? Otherwise has the DCF commenced a care and protection case in the district court? It sounds like adoption proceedings... Read more »

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Traffic Tickets for Massachusetts on
Q: My tiny street is a right of way over other properties . Can my neighbors park on it obstructing our view and safety?

On a tiny private road only 15-20 feet wide, my neighbors (before my home) have been using it as a parking lot. It's not impassible, but it makes life difficult as we can't see down the street from our driveway due to the blockage, and now the kids have this reduced view when riding their... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 10, 2021

If it is a private way it would seem that it should be unobstructed for use in that way.

You should have your deed reviewed and your title insurance potentially might cover litigation to stop the parking or you will need to engage counsel.

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1 Answer | Asked in Divorce for Massachusetts on
Q: how do a file for alimony 8 years after divorce?

i did not waive future alimony. I was married twenty years. i was a stay at home mom 10+ years. I am disabled. I receive SSI. I do not work. I was homeless. Now I live off of SSI and I can not babysit anymore due to fibromyagia and arthritis. My ex husband makes a lot of money. I need help... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 8, 2021

This sounds like a Modification Complaint for current alimony if his situation has improved significantly and it sounds like your situation has deteriorated. You would need to have him served out of state .

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: How do I get title to property when a partial owner has been dead for 120 years with no heirs?

A property that has been handed down within a family and has never needed title was sold without the seller(s) being aware that one person who has owned this portion (1/9) since 1852 never passed it on to anyone.

She died in 1901. Her only surviving heir died in 1918. The last mention of... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 8, 2021

This a complex process and you really need Land Court experienced counsel to represent you if you have a title problem. I am assuming no Owners title insurance was involved at all.

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: How can I prove abandonment of child and terminate rights of biological father? He's been gone over 4 years.

My now husband wants to adopt. Bio Father has been in and out of jail over last 10 years for years at a time. Never paid child support.. We live in Massachusetts.

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 4, 2021

I take it you have already explored whether he would voluntarily consent to adoption by stepfather? This is the easiest method to proceed. Otherwise there would need to be either a default on a petition or a trial establishing unfitness of bio father with an adjudication.

1 Answer | Asked in Divorce, Child Support, Employment Discrimination and Probate for Massachusetts on
Q: How to go forward with a judge that works with my husband for 20 years ruled against me and my husband told me he would
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 1, 2021

Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.

1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: I want a divorce. I live in Massachusetts, My husband left to PR and thought I would follow, but I said no. How to file?

We own a house in PR. I have my youngest son (16) living w/me at my sister’s. I had to abandon my apartment. I can’t afford rent on my own. Can I file in MA vs PR. He left in Oct 2020.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 26, 2021

It sounds like you were both living in Massachusetts until October 2020 when husband left, so yes and Massachusetts has jurisdiction over the child who lives here and has lived here for 6 months or more.

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: Can a joint custodial parent veto a particular child therapist?

I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification... Read more »

1 Answer | Asked in Child Custody, Child Support and Public Benefits for Massachusetts on
Q: Can she apply for child support in a state she’s lived for 2 months?

Me & and the mother of my child are from MA. I’ve been in Florida for 4 years. She kept my child from me for 2 years, with false restraining orders etc (which I don’t know how that’s legal). She decided to get on good terms with me when her false accusations expired. She moved down here... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

It sounds like Massachusetts has a lot of contacts with the parties and the child for child support orders, although if the child was only back in Massachusetts for 2 months custodial non-monetary issues would be appropriate in Florida as the home state. Was there a paternity or Custody and Support... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Have two family members refusing to sell a property and leaving spouse without money. What can we do?

I know that in the state of MA the spouse is to get everything but this has gone on long enough and we need help asap

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 19, 2021

If real estate is held in common, a petition to partition is needed. In divorce there is property division and this is a distinction. In a divorce all assets regardless of how held are considered marital property to be divided and not the sole property of a spouse until or unless the Court so... Read more »

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Municipal Law for Massachusetts on
Q: What can I do? My bad neighbor dumped junks (big old larger snow plow and more) to my property 4 days ago.

It is impossible to sell my house with all the heavy junks they dumped into my property. I need to sell my house.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2021

Also sounds like a real estate trespass case.

1 Answer | Asked in Divorce and Tax Law for Massachusetts on
Q: Do I have to claim as income a cash settlement that is part of the divorce agreement?

The money is from half the equity from the sale of our house. My spouse was required to sell within 5 years. I let her live there until she retired, but it has been 15 years since the divorce. I also signed the deed over to her a few years ago. She died last year, and our children now own the... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2021

This is really a taxation question. Waiting and not filing a Modification Agreement to change the sale date may be problematic for enforcement purposes as well. The creditor claim period is one year from the date of death also.

2 Answers | Asked in Probate and Real Estate Law for Massachusetts on
Q: NS Wills filed like death certificates,no probates,heirsThen sell massachsetts land to me.How do i get title insuranc
Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 16, 2021

Your question is incomprehensible and it may be asking if you can convey to yourself without a Probate proceeding involving an estate. If you were the surviving tenant in a joint tenancy situation or in a tenants by the entirety situation you may not need to file a Probate petition depending upon... Read more »

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