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Massachusetts Child Custody Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Massachusetts on
Q: How do I fight false allegations made against me by DCF? I didn't get a fair hearing to challenge their false allegation

I would like to share that my son was born on July 11th and the involvement of DCF started when I discovered the mother's drug use during her pregnancy. Due to my daily work commitments, DCF worker Michelle Fraiser asked if I could take immediate custody of my son, to which I agreed but... View More

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, fighting false allegations made by the Department of Children and Families (DCF) in Massachusetts requires a proactive and informed approach. First, ensure that you have a clear understanding of the specific allegations against you. This information is crucial for forming an... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I have primary physical custody of my daughter, mom has joint. Mom gets daughter fri-Sun and refusing to return Now what

Mom posted on Facebook Thur she was looking for a custody attorney. Daughter went for her weekend visit and mom is now refusing to return daughter. Claiming my daughter is scared to come home because daughter supposably said I hit her. (Which I didn’t). She is court ordered to return my daughter... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 4, 2023

If the allegation is untrue then a Contempt Complaint and Emergency Motion for Orders to Return the child and Affidavit in Support could be filed by you and perhaps also seeking the appointment of a Guardian Ad Litem to investigate and report to the Court with respect to what is happening with the... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: I live in Massachusetts and have a divorce agreement that states I have to breathalyze for my ex husband at 7am and 3pm

I did not do it this passed weekend. Can he take my children away?

T. Augustus Claus
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answered on Oct 3, 2023

If your divorce agreement includes specific requirements like breathalyzer tests and you fail to adhere to them, the other parent might use this as a basis to request a modification of custody or visitation arrangements. However, taking the children away would typically require a court order. If... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: If a court order (family law) has been filed and served and no court date has been assigned yet due to back up in courts

Parents of children unmarried split. father went to court to establish custody and parenting time as the mother is trying to dictate how and when he can see the them. So far a docket # assigned but the court date is in process. (custody/parenting time). mother is keeping kids from father because he... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 18, 2023

Your question is confusing-Did you file a Petition? Or did the Court enter Orders? If there is a violation of a Court Order there can be a Contempt Complaint filed and served to address the violation. If a Petition or Complaint was filed by you ,then you would need to have it served upon the... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I want to go back to my country and take my daughter but my husband won’t let me, or sign for it, what should I do

My mother is sick I want to go back but he refuses to sign to let me return with our daughter, what should I do in legal terms

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

You may be able to petition the court for a divorce and secure the right to take your daughter with you to another nation temporarily. The court's primary concern will be evidence that you will return your daughter promptly to the United States where her father resides after visiting your... View More

1 Answer | Asked in Federal Crimes, Family Law, Child Custody and Civil Rights for Massachusetts on
Q: Can a judge order a hair follicle test on hearsay? No drug history or evidence. Just hear say from other parent?

My child's father believes that I am using drugs. The reason is because he heard a recording of my current partner and i arguing. That he obtained from a 3rd party, illegally. Also, my partner didn't know he was being recorded. In the audio it uses a slang word for a drug, but that word... View More

Brian Waller
Brian Waller
answered on Apr 30, 2023

The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it,... View More

1 Answer | Asked in Child Custody for Massachusetts on
Q: was being represented by a lawyer during a custody trial that is over now. I lost & my lawyer now works in the same firm

I was being represented during a custody battle. My lawyer failed repeatedly to do things i asked of him. I then fired him. Went to trial lost without representation. My “fired” lawyer now works in the same firm with the lawyer fighting against me at trial.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 13, 2023

You would need malpractice counsel to review your file to determine whether there is a viable negligence claim and whether there is a viable potential conflict of interest claim.

1 Answer | Asked in Child Support, Family Law and Child Custody for Massachusetts on
Q: Child support in MA with out of state father.

I recently had a baby while living in MA. I filed for child support giving as much information about the father as possible. It has been a week and the application still says "submitted".

The father moved out of state and won't supply me his new address so I could only... View More

Brian Waller
Brian Waller
answered on Apr 4, 2023

It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days.

DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Will a Massachusetts judge grant a motion for video chat visits twice a week for 15 minutes with a 1 year old child?

I live in MA & currently have temporary sole legal and physical custody of our child. My ex lives out of state in Maryland and will soon start court ordered parenting time every other weekend for 6 hours. He frequently disappears for weeks to months at a time without any contact. He has also... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 30, 2023

The Court could enter a version of the requested order , but you should assert the difficulty involved in having the child participate for the full length of the call . Of greater concern at this point is the lack of consistency by father "disappearing for weeks or months" . Is there also... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: A minor currently lives with a grandparent. How does grandparent get custody/ secure parent doesn't take kid during proc

During the process of gaining guardianship, what if parent demands kid comes back

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 3, 2023

You would need to obtain Guardianship over the minor via Petition to the Probate & Family Court where there was either a previous divorce or paternity proceeding or where you live if not applicable. If there is an Emergency you would need to also request temporary guardianship and have grounds... View More

2 Answers | Asked in Child Custody and Family Law for Massachusetts on
Q: Can I request a parental fitness eval for a non-custodial, wheelchair bound parent that has unsupervised visitation?

I am an unmarried single mother that has a temporary order for sole legal and physical custody of my 1 year child in MA. Child’s father lives out of state in Maryland and judge has ordered a temporary, unsupervised visitation schedule for father to come to MA every other weekend for 6 hours.... View More

Brian Waller
Brian Waller
answered on Mar 4, 2023

From a practical standpoint, even though he was granted visits, how often is he going to be able to travel from Maryland to Massachusetts for a 6-hour visit? You may want to wait and see how things go. Judges usually give parents the opportunity to show they can parent successfully, but if it... View More

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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Is circumventing a court order knowing you are doing it the same as violating the order

My ex am I have an order stating neither one of us can cancel a Drs appointment made by the other, she brought him in to the Drs and got the second vaccine shot which was an appointment I made for another date, the office then canceled the appointment I made as it was obviously no longer needed, is... View More

Brian Waller
Brian Waller
answered on Feb 18, 2023

It is hard to say without reviewing the specific order, but a judge would probably look at your ex's intent, but also if that cancellation harmed you or the child in any way. If your ex took the child to a different scheduled appointment and the doctor offered to give your son the second... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: I just got 50/50 custody of my children. Which parent will receive my disabled daughter's SSDI benefits.

She currently gets the benefits and it's her only income and she expects me to pay child support too because SSDI isn't counted as income which really isn't fair.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 14, 2023

The amo0unt of SSDI received for the dependent children could be greater than the calculated Guidelines child support to be paid in some circumstances. If it is less is where there would be orders.

1 Answer | Asked in Child Custody for Massachusetts on
Q: I have sole custody of my 7 year old. During a visit with his dad, his dad got him vaccinated without my permission

I was never married to my sons father, and then he moved to a different country. He visits twice a year for a few weeks. He was here over Christmas this year, and I had the flu, so he offered to take my son to his annual physical. While he was there he got him vaccinated for covid, against my... View More

John Michael Frick
John Michael Frick
answered on Jan 10, 2023

Either parent may consent to the vaccination of a minor.

Theoretically, you can petition the court with jurisdiction over your custody case for the sole right to make decisions for the non-emergency medical treatment of your child. However, your refusal to allow routine vaccinations like...
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1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I pay child support weekly to my ex for our two kids. She requested a joint account for sports. She ask to up the sport

account monthly. Which I did. Our children are 14-16 she has now interfered with my custody cause I moved in with my Girlfriend. Now wants to modify the agreement so I pay more on top of the sports account. Because she has made it so my girls won't come visit me. Changing the child support... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 18, 2022

The Court can award a Modification of child support if material income changes have occurred and sharing of living expenses is a change in circumstances that may justify Modification.

1 Answer | Asked in Child Custody, Family Law and Divorce for Massachusetts on
Q: Followup on my previous question, regarding my daughter trying to get custody or more visitation time.

She was granted attorneys fees of $5,000, but husband refuses to pay, charged with contempt, got an extension to pay, contempt charges filed again, pending. He was supposed to pay her a min amount for reestablishment, refused. She only gets sons on weekend, agreement is she has to take them to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 15, 2022

She needs to continue to pursue the Contempt and sounds like there are more issues where a Contempt may lie, so try to obtain counsel!!

1 Answer | Asked in Child Custody for Massachusetts on
Q: Daughter qualifies for pro bono lawyer. But is on waiting list. Very abusive husband, 4 children, no money. Suggestion

Husband criminal record for physical abuse in NY in 1999, and then had probation revoked, same. Different woman, no recent record abused my daughter physically and emotionally for 14 yrs. Daughter got retraining order, but withdrew it. Husband retaliated and had her arrested after she dropped... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 15, 2022

Because there is an asset involved potentially she may not qualify for free legal services, but she should definitely try to obtain same ASAP! There could be a Motion for Payment of Counsel Fees with the filing of a Divorce Complaint and other motions for relief, so that husband would be ordered... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: I got served divorce papers an never responded. Never new when court was he got awarded everything. Can it be changed?

He never told me when court was never knew. He got the house an full custody. He never told me. I found out I was legally divorced because I got kicked off his insurance. Can anything be changed with my property?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 12, 2022

Why did you not respond? Were you in the hospital the entire time??

1 Answer | Asked in Child Custody for Massachusetts on
Q: My son is incarcerated and due to be released November 1, 2022. He is divorced and has one son. His ex wife has since

remarried. Her husband is petitioning to adopt his son. My son wants to object but needs pro bono work as he has no money. Is there someone in the Worcester County family court that can help him pro bono? Thank you

Patty

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 6, 2022

He can file a Motion where the Adoption is pending for Appointment of Counsel based on Indigency and that he is objecting but needs legal assistance in preparing objection if that is the situation.

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