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Questions Answered by Lillian J. LaRosa
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
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
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
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
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
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
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
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
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
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 »

1 Answer | Asked in Divorce for Massachusetts on
Q: I'm divorced, but still have my ex on my insurance. I'm getting re-married. Do I have to still pay for my ex's insurance

This is the statement in my divorce decree. "If husband elects to place a domestic partner on his insurance, any increased cost will not qualify as an additional cost for the purposes of this order, and husband shall to maintain wife on the insurance policy regardless of the increased cost."

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 5, 2019

Looks like it to me from what you have quoted, but there could well be other provisions or clauses and you should really review this with your divorce attorney .

1 Answer | Asked in Wrongful Death for Massachusetts on
Q: I am being asked to make deposition by former employer due to wrongful death suit, what are my rights?

I worked as assistant manager (manager on duty at time of incident) for school/residential program serving children with autism and developmental disabilities. During a shift many years ago all the children had the flu. One died. Now his family/estate are suing the school and requiring my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 5, 2019

If you are a witness who has relevant information on a matter before a Court of the Commonwealth and properly served with a subpoena you do need to attend and you have the right to obtain counsel to represent you in the deposition as well. This is akin to jury duty in that participation is... Read more »

1 Answer | Asked in Elder Law and Probate for Massachusetts on
Q: Do I have any legal recourse for the filing of a Last Will and Testament for my Dads estate? Please see my explanation?

Hello...My dad in Everett, Ma passed away in October 2014...and buried on the 14th of October. My brother who lived with my dad made no effort to contact any family members. I found out via email from a friend...My brother wouldn't take my call's & refused to speak to our uncle, my dad's only... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 28, 2019

If father died in 2014 then you would if there are assets over $25,000 involved, need to file a Late Petition to probate the Will and you should do so as soon as possible since you apparently have the original Will. Are you the first named "executor"? If so, you have priority. You should engage... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: do i have to do probate if my dad has no house and no land, i live in nh he lived int ma he has a bank account and a car

loan with a cosigner,he has nothing else with little in bank account.with that said how do i go about the car my understanding is i inherit his belonging and car and as far as i know im not responsible for the car loan the cosigner is but do i inherit the car

Lillian J. LaRosa
Lillian J. LaRosa answered on May 23, 2019

If the assets are nonreal estate and less than $25,000 you would need to file a Voluntary Statement and death certificate in order to have title to the car transferred to you ( are you the only heir? No siblings? )You have not stated whether he had a surviving spouse so I am assuming he did not)

1 Answer | Asked in Estate Planning, Elder Law, Health Care Law and Social Security for Massachusetts on
Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?

Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing the... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 21, 2019

You have not stated whether you are disabled . If so, there is a special needs trust you can explore.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Massachusetts on
Q: what do i do in regards to getting 70/30 (70 me 30 him) custody of daughter and father is abusive

My daughters father is very ignorant towards me and refused to let me have my daughter on a court ordered visit and is using full custody to tell me when I can see my daughter

Lillian J. LaRosa
Lillian J. LaRosa answered on May 20, 2019

It sounds like there is a Contempt of a visitation order in which case you can file a Contempt Complaint at the Court where the adjudication of Paternity or Custody and Support Complaint Orders were issued from.

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Looking for information regarding my legal rights as a noncustodial parent believing my child to be in an unsafe environ

Environment. My ex wife has recently entered into a relationship with her blood cousin (Adopted out of the family as an infant, he found her looking for his family). She allowed him to move in with her and my nonverbal autistic daughter without even meeting him - their entire relationship was based... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 20, 2019

If you have a divorce judgment , then the terms of the Judgment or Separation Agreement incorporated in the Judgment as to Custody and visitation, if applicable will be in force until Modified. You have made statements of concern for your child's well-being and a Modification and Motion for... Read more »

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: What can I do when my son’s father is purposely calling him by the wrong name, after it has been legally changed?

My son is 18 months old. Until this past March, his father refused to see him since I left him in January of 2018 (my son was born October 24, 2017). When my son was born, he was named after his father, but due to his refusal to be involved, in addition to legal issues, I decided to change my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 17, 2019

The visitation center should provide reports of his conduct to you or your attorney for use in Court for a Motion for potential further curtailment of visits and orders to be obtained concerning the discontinuation of former name use by him .You may need a Modification petition if your case has... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: No contact question RE: child custody

I’m in the process of filing for separation support, legal separation and child support. My husband of 7 years committed adultery and deserted his family for one of his employees.

We have 2 children. Our oldest is in therapy and is having a very hard time with this situation, as an I.... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 14, 2019

If you have counsel the attorney should file a Motion for temporary orders concerning visitation so that this third person/romantic interest not be present during visitation as it is distressing for your child who is in therapy over the break up. You should also seriously consider engaging... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Hi, I am looking for a lawyer who does pro bono work. I am on permanent Social Security Disabilty so my income is low.

I am looking to file for alimony. My husband and I have been seperated for 1 year. He does well for himself while I barely make ends meet. I am on a fixed income which makes it almost impossible to live and pay bills with anything left over. Any information or help that could be given or put me in... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 8, 2019

You should consider filing a Motion for a Fund to be paid for your retention of counsel if he does well financially and you are struggling.

1 Answer | Asked in Divorce for Massachusetts on
Q: . How are assets split when wife cannot be located. Service by publication. Married less than 8 yrs

Married 2/11. Wife is drug abuser, no known address. Her mother is last known but I get no response from anyone. Courts granted service by publication. Filing under irretrievable breakdown

Lillian J. LaRosa
Lillian J. LaRosa answered on May 8, 2019

This is a medium length marriage, but you have not stated how long you have not been together nor whether you lived together prior to marriage nor whether either of you came into the marriage with assets and pension/401(k)s and whether there was an increase in the assets/value since the marriage.... Read more »

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