Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Massachusetts Family Law Questions & Answers
0 Answers | Asked in Family Law for Massachusetts on
Q: is it possible for me to just go no contact with my sons father for both my son and i’s mental wellbeing?

my sons father who is rarely around only comes around when he knows our son is already sleeping or when it is convenient for him but inconvenient for me like it being last minute or when he knows I already have plans in place also we do not have a custody agreement or child support in place as I am... View More

0 Answers | Asked in Civil Litigation, Family Law and Domestic Violence for Massachusetts on
Q: How to prepare for a deposition as a witness in a civil child abuse case?

I am a witness in a civil case involving a co-worker who allegedly physically abused a child at the school where we worked as toddler teachers. The co-worker and the school are now being sued. I've never been part of a deposition before, and I haven't received guidance from the attorney... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can child support be modified due to children’s current living and schooling situations in MA?

I have a 21-year-old daughter who lives full-time in her college dorm despite the divorce decree stating she would live with her mother. My 18-year-old son, who just turned 18, will be living at home while attending trade school with full benefits and pay. The child support order was issued in... View More

Brian Waller
Brian Waller
answered on Mar 3, 2025

The easy answer is yes, you can always ask the court to recalculate child support if there is a difference in the amount of child support in effect compared to what the child support would be based on recalculation.

To go a little deeper though, you should first recalculate child support...
View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can I give up custody of my child in Massachusetts?

I'm considering giving up custody of my child in Massachusetts, and I currently only have child support set up, with no visitation or custody arrangements. Can I give up custody, and can a judge force me to do so if I don't voluntarily agree?

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Massachusetts on
Q: Will withholding child from father affect child support case?

I recently left my son's father and moved back to Massachusetts. We were never married. I've raised concerns about a bunk bed he bought for our two-year-old son, but when I asked to see a picture for safety reasons, he insulted me. He has violent tendencies, although never physical with... View More

Lissa McKinney
Lissa McKinney
answered on Feb 17, 2025

Situations like this are best managed in Court, so the boundaries are clear. You may be afraid, but the real question is whether you have a real fear of harm to your child as a result. If he has never harmed the baby and offers responsible care, you might look bad for refusing the parenting time.... View More

1 Answer | Asked in Appeals / Appellate Law and Family Law for Massachusetts on
Q: Seeking attorney to appeal family law judgment due to perceived bias and improper evidence consideration.

I am seeking a family law attorney to assist with appealing a judgment in my area (02145). I believe the judgment was unfair and biased towards the wealthier party, resulting from a 12-year process. On the trial's final day, the judge appeared dismissive, especially since the other party was... View More

Brian Waller
Brian Waller
answered on Feb 17, 2025

Family law appeals are an uphill battle and the majority of appeals are unsuccessful. Judges have tremendous discretion in deciding issues, and reviewing courts (like the Appeals Court) defer to the judge's determinations regarding credibility of the parties. A reviewing court will almost... View More

1 Answer | Asked in Appeals / Appellate Law and Family Law for Massachusetts on
Q: How can a pro se def. appealing a 209A order in MA serve the plaintiff with the Notice of Appeal w/o violating the 209A?

209A is a restraining order.

Brian Waller
Brian Waller
answered on Feb 5, 2025

You can contact the court that issued the restraining order and ask them to serve the Plaintiff. You are right to approach this with caution, it could be a violation of the 209A order. If you were to be represented by counsel, the attorney could serve the plaintiff without violating the 209A... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: I’m currently paying child support monthly and my son lives with me full time Cory made it a hassle to stop amicably

Me and the mom are no longer getting along and she refuses to return the child support money to me even though my son lives with me and she only takes him about a day or two per month. we filed for the child support to stop (when we were getting along) but the court rejected it what can/should I do!

Brian Waller
Brian Waller
answered on Jan 24, 2025

You should file a Complaint for Modification with the court ASAP. You can ask for child support to be adjusted retroactively, but the court can only go back to the date that the other party was served with the summons on your Complaint for Modification. If you go to the courthouse and ask for the... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can I file a complaint for contempt in MA for child support without legal representation?

I am unable to afford legal representation and have contacted multiple organizations offering free services - none of which are able to offer me services at this time. I understand I have burden of proof. The Agreement states clearly what the obligations are. There have been multiple aspects he has... View More

Brian Waller
Brian Waller
answered on Jan 17, 2025

You can absolutely file for contempt without an attorney. A Complaint for Contempt is on the easier end of the spectrum compared to other types of cases in Probate & Family Court because the issues tend to be pretty discrete.

You will first need to show that there was an order in...
View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My wife initiated the divorce, infidelity on her part.Am i entitled to any financial compensation.
Garry M. Greenberg
Garry M. Greenberg
answered on Jan 1, 2025

Unfortunately, infidelity in a marriage does not give you any specific right to financial compensation. Michigan is a no-fault divorce state, so anyone can get divorced for any reason. However, infidelity can be one factor in determining the distribution of the marital estate, i.e. the marital... View More

1 Answer | Asked in Child Custody, Family Law and Immigration Law for Massachusetts on
Q: Motion to get custody and change the supervisor visitation parenting time

BR22W0926WD

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2024

When seeking to modify custody and supervised visitation arrangements in Massachusetts, you'll need to file a modification complaint with the court that issued your original custody order. You'll have to demonstrate that there has been a material change in circumstances since the last... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Massachusetts on
Q: How can I get ex-husband off my mortgage and deed in MA?

I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at... View More

Brian Waller
Brian Waller
answered on Nov 5, 2024

This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More

1 Answer | Asked in Real Estate Law, Family Law and Domestic Violence for Massachusetts on
Q: Hi. The person that my Brother is unhappily married to, is threatening to take a share of the property, that we

inherited from our parents, if we don't let her live in the house! She has made it clear that she plans on doing whatever she has to, to get everything she can get from us, she has told him that. If his name wasn't on the title, could she still go after us?

She has posed for... View More

Christopher Tolley
Christopher Tolley
answered on Oct 29, 2024

It is possible your brother's wife could get his interest in the property upon his death or if he transfers his interest in the property to her. The wife's acts appear to affect him, not you, so any action against the wife would have to be initiated by him.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Do two party consent laws prevent someone from recording someone else in their own home if both people live there?

Regards video and audio recording. Is there an exception for possible domestic abuse scenario

Brian Waller
Brian Waller
answered on Oct 23, 2024

There can definitely be consequences for recording someone without their consent.

While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as...
View More

2 Answers | Asked in Family Law, Estate Planning and Probate for Massachusetts on
Q: Hi and so my parents had some money in the bank my sister took when parents died. I believe a portion of it is mine.

And so what do I do?

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

I'm sorry to hear about the situation with your parents' estate. In cases where you believe you are entitled to a portion of your parents' money that was taken by your sister, there are several steps you can take to address the issue:

1. Review the Will and Estate Plan...
View More

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Massachusetts on
Q: Can someone refer some lawyers in Massachusetts to help me file lawsuits against someone for civil rights violations?

I had stayed at home to raise three talented and good children as the primary caregiver for almost 13 years. Last year the father worked with a lawyer behind my back for almost a year, and together they provided false information and lies to the family court judge to obtain a temporary order on... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you've experienced. It sounds incredibly challenging, and it's important to find the right legal support to address these serious concerns. In Massachusetts, there are attorneys who focus on civil rights and family law who can help... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: I am 71 yrs old. Need to get a Quadro filed to get the pension from ex spouse. I am on SS ,my only income. Please help.

The pension was not mentioned at time of divorce by ex spouse or the lawyer.

Thomas J. Percy
Thomas J. Percy
answered on Jun 25, 2024

Good morning. I strongly suggest you contact our office and discuss getting this done, what's involved, and what it may cost 508-828-1900. Ty!

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Does a parent with sole, physical, legal custody need the other parents permission to move out of state?

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.

Thomas J. Percy
Thomas J. Percy
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!

1 Answer | Asked in Family Law for Massachusetts on
Q: I need help with the process of probating a will. My Mom willed me her house but I'm not on the deed.

I did download the forms, but I'm having difficulty feeling them out.

My mom passed 2 years ago. I've been living in the house for 13 years. I've been paying the mortgage but I'm not on the deed or the mortgage.

Thomas J. Percy
Thomas J. Percy
answered on Jun 25, 2024

First i am very sorry for your loss. We only get one mom and day and life. There are options for you to consider, and some are likely easy and inexpensive. Please contact our office to discuss 508-828-1900. Ty!

1 Answer | Asked in Immigration Law, International Law, Family Law and Child Custody for Massachusetts on
Q: Can an International Student get Emancipation in the United States?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

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.