Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Massachusetts Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Rights for Massachusetts on
Q: My Dcf worker said that in order to close my Dcf case, they have to verify with my Children’s doctors and school.

Every visit he has tried to get me to sign a release of information. Today he asked for verbal consent. Every single time I said no. I want to keep Dcf separate with all entities and don’t want my Children’s doctors or school to know about their Dcf case. Is this true? They have to speak with... View More

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

Schools and doctors have mandated reporter requirements if abuse or neglect is suspected. The DCF is the agency to whom they would report concerns . The DCF would investigate whether there is a supported claim and take action accordingly. Lack of cooperation usually does not reflect well.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: Can a woman put the last name of a man she is not married to on her child's birth certificate if she is still married?

My male relative (D) is having a child with a woman (S) who is separated from her husband (K) but still legally married. Can D legally put his last name on the child's birth certificate even though S and K have not finalized their divorce?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 3, 2022

The presumption is that the child is born of the marriage, but the parties can agree that the child is not of the parties along with the biological father. The prospect of paying for a child not his own is usually an inducement to cooperation by husband, but what is bio father's willingness...

2 Answers | Asked in Divorce, Child Custody and Military Law for Massachusetts on
Q: Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?

I am financially dependent on my husband. I want to leave. I have $500 SSDI a month. He is military active duty but stationed close by. We have two minor children.

Philip D. Cave
PREMIUM
Philip D. Cave pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2022

If he is military, he is required by military law to "support his dependents."

Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the...
View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: How do I get help writing a proper pre-trial memorandum & a lawyer to attend a scheduled pre-trial date with me?

I just need someone to hear me out, please. I need help.

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Feb 7, 2022

Use an LAR attorney. Below is a full explanation of how it works. It gives you an opportunity to hire an attorney for just one or two things. Check it out at:

https://divorcingoptions.com/Handouts/Limited_Representation_PDF_Handout_Version.pdf

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Do i need a discovery if I am representing myself in family court?

I am trying to gain full legal and physical custody of my two kids but will be representing myself with the documents I have.

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

You are not required to conduct discovery, but it is advisable in order to obtain information which may be evidence at the trial of this matter.

2 Answers | Asked in Child Custody for Massachusetts on
Q: What can i do is the father violated court orders?

He has supervised visitation at his mother house and his mother is supposed to supervise him on all three days that he has. I texted his mother to confirm to see he was at the home for his visitation but she never text me back i got worried and i check on my daughter ipad location and she wasn’t... View More

Brian Waller
Brian Waller
answered on Jan 9, 2022

You should have the police do a wellness check at the grandmother's home and they would document that the child wasn't there. And/or you could also have them do a wellness check at the girlfriend's house to confirm the child is there and who is present. You should also take... View More

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Do I have to provide information to my child’s father if he hasn’t been in their life for over 6years?

My child’s father has not been in their life for over 6years. During that time I have had them full time with no help from him in any way. He does not pay any child support. He does call about once a month. Recently he has been asking for their information everything from school/medical records... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 31, 2021

There sounds like a lack of relationship over a lengthy period of time and the Court is sensitive to the effect of father's suddenly attempting to regain contact where there had been no regularity. Asking for contact information about other people is indeed odd and really not your information... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: If I have full custody of my child but she visits her mom on the weekends do I need her permission to move out of state

My child is 12 now I've had custody since 2014 mom lost custody for not complying with dcf. I would like to move out of state and change her visitations to the summers every other holiday and school vacation is this possible?

Kim Carnevale
Kim Carnevale
answered on Oct 12, 2021

Even though you have custody as a result of a DCF case, you would still need to get the permission of the Probate and Family court before you could move out of state with your child if MA removal laws apply. MA law requires you to get permission-

IF your child was born in MA or has lived...
View More

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a lawyer have to file a notice of appearance before a court date?

Can someone just show up to court with a lawyer that they previously did not have?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 21, 2021

Basically you can hire counsel as long as you find one who will take your case. Occasionally counsel is brought in late in the proceedings and asks for a Continuance which the Court can allow. This may be the concern you have- delay of the proceedings. Occasionally counsel brought in may have a... View More

View More Answers

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: Does a reliquish of rights go I to affect the day it was signed. It was done in front of a notary public and witnesses

It is stamped, signed and dated and filed into court

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

It has to be filed with the Court and acted upon to take effect. If you have second thoughts you really should have counsel represent you!!

2 Answers | Asked in Child Custody for Massachusetts on
Q: Can I talk to my sons doctors/providers about his treatment while emergency temporary custody is with his grandparents?

I was just informed that my sons paternal grandparents filed, and were granted, emergency temporary custody of my son while I was receiving inpatient treatment for my mental health. I also just learned he has been hospitalized for suicidal ideation, which I was not informed of at all. I have always... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 14, 2021

It appears that you will need legal representation in a guardianship dispute and you can file a Motion for appointment of counsel by the Court if you are indigent. If you are not indigent then you should engage counsel once you are able to do so. It appears that you will need to take care of your... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My mother has court ordered visits of one of my daughters, with the rise of Covid again, I'm not comfortable with it

They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?

Kimberly Erwin
Kimberly Erwin
answered on Sep 12, 2021

I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the... View More

1 Answer | Asked in Child Custody for Massachusetts on
Q: Our best friend (49) had a child last year. She asked us to sign an emergency guardian proxy. Should we?

The child is now 1 year old. Our friend is 49 and her boyfriend is 53. They are currently together but he was divorced twice. They are asking me and my wife to sign a guardianship proxy. Should we? What is the risk to us?

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

Are you indicating that you are not willing to serve as the child's guardian if needed to fulfil the role? If so you would need to make that clear to the parents so that they can have others in place. In Massachusetts there is a distinction between guardianship and conservatorship as the... View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Probate for Massachusetts on
Q: What do I do if I’m paying child support and being denied visitation rights to my daughter
Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 3, 2021

If you have a visitation order or a Judgment that states the terms of visitation and are being denied visitation , then there appear to be grounds for a Contempt action unless there is something happening which is inimical to the child's best interests in which case the custodial parent... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: am I entitled to half our house if bought 5 months before wedding?

We have been a couple for 20 years, married 14 years. We lived together for 5 years prior to buying a house 5 months before our wedding. The house was initially in his name because he had better credit at the time. We refinanced recently and I am secondary on the mortgage. Am I entitled to half?

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Aug 26, 2021

Maybe, it depends on all of the factors surrounding your divorce and living together prior to marriage. The Judge must consider about 15 factors then decide what an equitable division of all the assets would be.

You want to consult with an experience divorce attorney who will review the...
View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I am looking for a pro bono lawyer to represent my 15 year old. She would like to live with me full time. Thank you

About three years ago my ex husband suffered three ischemic strokes which altered him. I was a stay at home mom for 13 years and one day come home to being kicked out, he retained a lawyer, I was left powerless. I lost custody of my kids after a long battle I couldnt win. It took a long emotional... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 21, 2021

Since your 15 year old has been with you and apparently wants to stay with you , this is a Modification of custody complaint which you would be bringing. At 15 your child would have a voice about her primary residence and would still have visitation with father. It is unfortunate that you have not... View More

1 Answer | Asked in Child Custody for Massachusetts on
Q: I am in a custody battle, with potential trial in August. My fiance and I are getting married

I left my ex when he was cheating again and he then moved in, knocked up and married the other woman. 50/50 verbal agreement was working the best possible. 1 year later I took my ex to court because he began withholding our children from me when I told him I was in a serious relationship. We have a... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 9, 2021

So, domestic abuse is a serious allegation and you have not stated the outcome of the charge(s) either. The Court would need to find that there is no risk to the children from being around this individual despite your romantic attachment and the Court could potentially grant father custody. Having... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Massachusetts on
Q: Can family judges be changed? Are children supposed to be removed when their parent has a restraining order on them?

I've had the same biased judge since 2013 who is never on my side despite the evidence. I filed an ex parte hearing due to my 15 year old daughter's father almost killing his wife by strangulation. The wife has a restraining order on him. I arrived with police to witness the father, wife,... View More

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

The Court assigns the Judges usually by docket number and unless there is a reason for the Judge to recuse, it is very difficult to change the Judge assigned. If your 15 year old is unsafe or unhappy due to what is occurring with her father and his household, then you can seek a Modification and... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: The father of my child doesn't pay child support and he is also not on the birth certificate.

He has never met his child and we have had zero contact. I am just curious as to what some of my options might be going forward.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 21, 2021

You can commence a Paternity action and seek support orders; both parties have the duty to support their child and if there are public benefits involved, the government has the ability to go forward to seek paternity adjudication regardless of whether you are interested in pursuing the matter.

1 Answer | Asked in Child Custody for Massachusetts on
Q: If my custody agreement doesn’t have a specific pick up time listed for vaca can I ask to have my child at 5am

There isn’t a time listed but date is approved.

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

So if this is an unusual time for pick up for regular visitation then the other party may not agree to provide the child at that hour.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.