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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: can custody be changed before a court hearing if all parties agree?

16 year old wants to live with father. Mother has physical custody. Both parties have joint legal custody. All parties agree to let him live with his father. Do they have to wait for a court custody hearing or can the son leave now?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 7, 2019

Unless there is some concern about whether the child's safety or well-being would be affected adversely by implementing an agreement for custody prior to the hearing date, it is generally acceptable. Sometimes, in fact, it is a wise idea to try on the new living arrangement for size to see how... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Massachusetts on
Q: My husband died in 2010. In MA, what forms do I use to start the probate process now? All for death after '12
Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 26, 2019

The form set is for Formal Probate and the documentation to file is the same as for post March 31, 2012 deaths although the law on who is an heir or devisee is different.

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Recently seperated from sons father, I will be looking for place. do I have the legal right to just move my son with me?

Live in massachusetts. We were never married.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 22, 2019

You have not stated whether there was any Order of the Probate Court involved so far, so it is difficult to answer satisfactorily except that if there are no current Court Orders then with the mother of a child born of unmarried parents presumptively mother has sole legal and physical custody.... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Both parents have been court ordered to use Our Family Wizard. One parent refuses. What do I do?

Non custodial parent refuses to use court ordered Family Wizard to communicate. Has had two months to do it. This parent has supervised visits that that require us to communicate. Tries using family to communicate. Child does not look fwd to going. Can I refuse vistation indirectly by refusing to... View More

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

The other parent appears to be in violation of a Court Order and you can file a Contempt Complaint in order to obtain action from the Court that will address the non-compliance in terms of its effects on the child's bet interests. If you have counsel and there is a contempt finding against... View More

2 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Massachusetts on
Q: What are the steps and requirements needed to terminate my son's father's parental rights in Massachusetts?

My son is 15 months old, and his father has made no effort to see him or even ask how he's doing since I left him when my son was less than 3 months old. I've reached out multiple times with opportunities for visits with no response from him. He has my facebook blocked and has a new... View More

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

If you were divorced did you have a reference to custody and visitation in the agreement or in the Judgment post trial? If this is an unmarried parents Judgment of paternity or custody and support, then the issue of what custody there is would be addressed in that agreement and Judgment. You would... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: stepparent's obligation for child support if it's not in divorce decree. (In MA)

Divorce decree states "no child support, no alimony" in both directions. Mother has full custody and (adoptive) stepparent has the kid every other weekend. Fast forward seven years, the kid is 16, getting into trouble, and mostly uninterested in going to Stepdad's every other... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 10, 2019

If the child is adopted by you then the child support guidelines level of support would apply and child support orders can be sought regardless of whether visitation occurs.

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2 Answers | Asked in Divorce and Family Law for Massachusetts on
Q: I am a high school student looking for some information about your career considering I was thinking about going into

my questions are about divorce lawyers and they are:

1) What benefits do you recieve?

2) What kind of salary did you get starting off?

3) What are your working conditions like?

4) What hours do you work?

5) Are there any advancement opportunities?

6)... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 3, 2019

I have my own law firm so I am not on a salary and the advancement is dictated by what I will and won't do. My hours are basically a 40 hour week although sometimes more or less depending upon what I am working on and deadlines to complete work. I am a Probate and Family Law attorney and I... View More

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1 Answer | Asked in Family Law, Libel & Slander and Sexual Harassment for Massachusetts on
Q: What type of lawyer am I looking for?

My boyfriend of 4 years has been living a double life and has a one year old child with another woman. He’s been using me financially, borrowing over $25k over the course of our relationship. I have PayPal transfer receipts and written promises of repayment, fraudulent reasoning for why he needed... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

You may have a case for breach of contract for the loans. As for the allegations of infidelity, you may want to contact the other woman via counsel. As for allegations of child endangerment of some sort, it depends on the facts. And do you need a restraining order for some reason? More details are... View More

1 Answer | Asked in Bankruptcy and Family Law for Massachusetts on
Q: No asset Ch. 7 discharge in 2008 and two years later ordered to pay legal fees of ex spouse for services provided before

filing of Ch 7 -not support related & not found in contempt- I didn't list him as a creditor because he wasn't at that time, but I did serve him notice of my filing at the time - and he had already filed the motion for legal fees - but the judge didn't issue ruling for over 2 years -

Timothy Denison
Timothy Denison
answered on Dec 27, 2018

You will have to reopen bankruptcy and add the lawyers a creditor. He should have been listed as a creditor in the original filing even though the amount owed may have not been liquidated at the time.

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: I requested a Judicial Review in regarding arrears. Can DOR take $ from my chck while this is still under review

DOR just started taking child support from my check but I am waiting for the defendant, my ex to respond to the complaint. Can they take $$ if I'm questioning the arrears? Also how long does the defendant have to respond to the claim? What do I do if he doesn't respond and where can I get... View More

Joshua H. Bearce
PREMIUM
Joshua H. Bearce
answered on Dec 23, 2018

Yes. There is a court order in place to withhold money from your paycheck for purposes of the payment of child support. The father has 30 days to file an answer to your complaint after he is served with a copy of the complaint. You will not get a default judgment from the court if he does not... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: What are our chances of my husband adopting my son as his legal stepchild. As well as what are the steps we need to take

I have an 8 year old son from a prior relationship, his biological father has not seen or spoken to him in about 6 years. I was just recently married but before marriage my husband has been supporting my son for the past 5 years while we were in a relationship. The biological father does not keep... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 17, 2018

If there are no issues involving the step father there are no chances working against you and then quite possibly biological father would be willing to consent to the adoption. You can still proceed with the adoption petition if he does not consent but it would be a longer time frame, and judging... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Unable to see our great granddaughters. Father is not responding to our calls to see them.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

You may seek visitation rights via court filings. Why are the parents not letting you see the kids? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My daughter, Age 5, was taken from me in November of 2015. I was granted a suspended judgement which is almost expired

I have fulfilled all of the obligations required of Me by the court, including remaining clean and sober and I will have two years clean on February 9th. My suspended judgement is set to expire at the end of January and the therapeutic visit monitor told me that she will be recommending permanency... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 17, 2018

This sounds like a complex matter which you should pursue through counsel and not try to handle pro se. If you do not have funds to engage an attorney to represent you, you may qualify for appointed counsel to represent you in contesting the guardianship You would need to file a Motion requesting... View More

2 Answers | Asked in Family Law and Divorce for Massachusetts on
Q: Can I file for divorce and upon being served, husband will move out? I am afraid of my spouse's reaction.

Spouse has filed an A&B claim against me, misleading the police officers into who the victim really is (case now dismissed). I need help filing for divorce and staying away from him (as well as custody of my 14 month old daughter) because he is unstable and angry. Can someone please advise me... View More

Joshua H. Bearce
PREMIUM
Joshua H. Bearce
answered on Dec 15, 2018

You will need to file a Complaint for Divorce and a Motion for an Order to Vacate Marital Home. To get an immediate order directing your Husband to vacate the marital home, you will need to show that you and/or your daughter's health, safety, or welfare would be endangered if the Court did... View More

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1 Answer | Asked in Family Law for Massachusetts on
Q: How do my fiance and I get a prenuptial agreement?

I'm a US citizen and my fiance has dual citizenship in the US and Germany. Were planning on living in Germany after we marry.

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Nov 10, 2018

Divorce attorneys prepare prenuptial agreements. Expect to pay about $500.00 assuming the two of you are in complete agreement as to the contents of the agreement and you complete the intake forms as instructed by the attorney. Since you can’t have the same attorney, one of you will have the... View More

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Can a primary parent go to court to change the parenting schedule so she gets less time with the child if it’s detrimet

al to the other parent?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 6, 2018

This is an unusual question, but if there are circumstances which merit a "parenting " or visitation scheduling change one party can certainly bring forward a Modification Complaint. This is more common due to changes in work hours and shift changes .

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: I have shared custody of my child. His mom has him 18 days a month and I have him 12 days a month, plus I get two full

weeks a year with him. Can she go to court and request I take him more and still keep the CS money I pay her based on that schedule?

Can she change the parenting schedule to fit her even when it’s detrimental to me?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 6, 2018

Yes, the child support guidelines would be calculated for a shared custody and the party with the greater income would be paying child support to the other parent.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: Can a nh judge make jurisdiction of my brother stay in nh wjen he has lived in mass for 9 months? He have to see hisdad?

My mom got an expatre motion back in January based on my brother being choked/strangle by his dad. Two dcys cases were opened on him, he has mulitple arrests but yet when the decision came in it states that my brother has to speak with his dad 5 times a week. Go with him every other weekend and one... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 4, 2018

It sounds like the New Hampshire Court is recognizing that there could be a change in jurisdiction to Massachusetts and you should consider engaging Massachusetts counsel to advise on the timing of filings here.

1 Answer | Asked in Family Law, Child Custody and Estate Planning for Massachusetts on
Q: Asking for a friend

I have a friend who is about to under go surgery. She fears that by chance she does not make it and has written instructions not to allow custody to the father bc he is abusive and not much of father? They were never married, hes never stayed in the kids like no longer ther 6months, after that he... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 4, 2018

She should at least have a Will nominating a guardian for the minor children. The best route would be to also have a Guardianship petition or at least temporary guardianship addressed by the Court taking into consideration his unsuitability as a custodial parent as being not in the... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: How can my son fight to keep his son in Mass after she told him the court grant her motion?

He was served on Thursday and was given 20 days to respond there wasn't a court date set. She went to court this morning and text him that she was granted permission to leave Mass to VT. She claims financially she couldn't stay here and needed to further her career. Meanwhile she will... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 24, 2018

Your son will need to take a look at the Court file and preferably make copies of the contents so that he can consult with a domestic relations attorney ASAP. It does not make sense that the case went forward on a Motion , so some information is missing from the picture your son has presented to... View More

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