Get free answers to your Child Custody legal questions from lawyers in your area.
I want to move to NC and have sole, legal, physical custody of my 2 children. Their father is not active in their lives and has not seen or talked to them in over a year.
answered on Jun 25, 2024
Almost certainly yes, but there are many variables to discuss and consider as you plan your path forward. Feel free to contact our office to see if we may be able to become engaged as your attorney and give you the guidance needed for you to move ahead with making plans 508-828-1900. Ty!
I am a 16 year old from Pakistan in the US under a student visa. I study at MIT and currently live on campus in Boston, MA. Can I get Emancipated as my home country Pakistan doesn't have defined laws for emancipation? I have a full time job and I also Invest in Stocks and Shares. I also want... View More
answered on Jun 3, 2024
As a 16-year-old international student from Pakistan on a student visa, getting emancipated in the United States can be challenging. Emancipation laws vary by state, and in Massachusetts, where you are studying at MIT, minors can petition for emancipation under certain conditions. You must... View More
Fleeing a violent and dangerous situation. A mother and daughter coming to the US would like citizenship and to become legal citizens. They are concerned as the father may not allow. Do they need to prove the DV situation or can they seek asylum?
answered on May 17, 2024
In situations involving domestic violence (DV), a single parent may be able to gain citizenship for themselves and their child without the other parent's involvement. However, the process and requirements can vary depending on the specific circumstances and the country they are seeking asylum... View More
I do have photos of marks and bruises from assaults
over the last few months emailed secretly to a 2nd account but it's escalating and I'm scared for our safety but he's threatening me with police and has threatened my life if I leave with our sob
answered on Apr 9, 2024
Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More
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
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
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
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
I did not do it this passed weekend. Can he take my children away?
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
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
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
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
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
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
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
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.
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.
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
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... View More
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
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
During the process of gaining guardianship, what if parent demands kid comes back
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
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
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
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
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
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.
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.
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
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... View More
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
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.
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
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!!
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