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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Family Law for Massachusetts on
Q: can guardian keep supervised visits per order of court if guardian feels it is necessary? Best interest of the child.

Mother of child wants to change visits to unsupervised though at this time I do not think it would be in the best interest of minor child and minor child also wants me to keep attending. This gives him comfort and security. (this child had been abandoned by his mother once as infant and again at... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 30, 2017

Such decisions are made by court orders. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

2 Answers | Asked in Civil Rights, Family Law, Juvenile Law and Patents (Intellectual Property) for Massachusetts on
Q: Where can I turn for real help with an out of control 12 year old when the police wont help?

He has physically hurt his 8 year old brother. He doesn't listen to his father or me. Yells at us, hits walls, throws things and does as he wants.Leaves thw house when he wants, tells us he isnt doing chores becuase he isnt a slave. I am scared of him, what he can do to me and my yougest son.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 27, 2017

Perhaps therapy is the answer. You and your husband may start with a therapist to learn how to deal with this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Im separated with my wife,there is no child support order from court. Hiw can i support my son. And how can i see him.

My wife lives in a shelter with my son, and there is no legale separation filed yet or a divorce filed. There is no child support order from court, and i want to support my son finnancially and i want to ger visitation right, how can i support my son and how to get visitation time. I didnt see hime... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 26, 2017

You can file for child custody in court. Child support is paid to the mom pursuant to a court order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: DCF has custody of my child I am fighting to get him back what action could be done if I were To become pregnant

I have been trying to get my child back for months and it looks like he may come home Monday but what can they do if I became pregnant during the case?

Ali Shahrestani,
Ali Shahrestani,
answered on May 17, 2017

Are the same facts that resulted in your DCF investigation still present now? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: my daughter was adopted in Minnesota without my knowledge or due process. The MA DOR CSE continues to withhold money.

What legal recourse am I entitled to if any?

Ali Shahrestani,
Ali Shahrestani,
answered on May 17, 2017

You should have been served. Contact a MN lawyer asap to appeal. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Can I update pretrial memorandum if discovery has been extended to include additional witnesses?

At pretrial hearing discovery was extended for 60 days. I neglected to include all witnesses I will need at trial. I have police reports that other attorney will object to as hearsay. So as they are important in showing the safety of children were out into jeopardy I think I will need to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 8, 2017

Such pretrial memos are supposed to be amended when there are new witnesses, filed with the court, and served on the other party. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Can I update a pretrial memorandum to reflect new witnesses before trial and what is protocol to do this?
Ali Shahrestani,
Ali Shahrestani,
answered on May 6, 2017

You're supposed to do that. Check the rules of court for your court and for Massachusetts to ensure compliance.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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1 Answer | Asked in Family Law, Child Custody and Criminal Law for Massachusetts on
Q: Can you request criminal court dockets from a court on another person? Are these dockets available to public?
Lillian J. LaRosa
Lillian J. LaRosa
answered on May 8, 2017

This would have to be done by Court Order generally. In discovery, criminal history can be requested of the party involved.

1 Answer | Asked in Probate and Family Law for Massachusetts on
Q: Can someone help me on this issue about name change in Massachusetts?urgent?asap?

Hello!

Can someone help me?

I applied for a name change in Massachusetts and then today I received the letter from the court saying about my name change

It's written on the letter : "I, ( the Register of probate at the Probate and Family Court,hereby certify... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 4, 2017

I would recommend contacting the Court or going there during normal business hours, if possible, brining this letter with you. Occasionally errors are made as we are all human, because yes, there is normally a publication unless the name change was part of a divorce which it is not, and you did not... View More

1 Answer | Asked in Adoption, Family Law and Juvenile Law for Massachusetts on
Q: Im 16 years old in MA, what are my best options of leaving my house? that can not get in legal trouble, of course.
Ali Shahrestani,
Ali Shahrestani,
answered on May 2, 2017

You'd have to file for emancipation in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: What can be done to stop lawyer of opposing party from badgering and insulting you with vulgar comments outside of court

I am pro se and my ex husband has a lawyer representing him in assisting him in getting visitation. Leaving courtroom where I successfully had a motion allowed his lawyer stated I was trying to 'f' the kids. The relationship was Laden with domestic abuse and is stressful enough without... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 1, 2017

You could tell the Court Officer who is handling the Courtroom which you just left or were leaving or complain first to the Attorney in writing of the conduct and request its cessation or report it to the Board of Bar Overseers should this conduct continue, especially.

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1 Answer | Asked in Family Law for Massachusetts on
Q: Can unsubstantiated charges through DCF be brought into a family law case and what protections to keep them out?

Ex-husband who was emotionally and physically abuse during marriage was not granted visitation through divorce. He is not attempting to get visitation and may have been a party to making allegations through use of his girlfriend to DCF about myself and my husband that resulted in a 51A. There was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 2, 2017

You may bring opposing evidence. If the issues are relevant, I see no reason that they cannot be brought into the case.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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1 Answer | Asked in Adoption and Family Law for Massachusetts on
Q: my husband who has raised our daughter his step daughter would like to adopt her how can we do this????

My daughter's birth father is out of state abusive and a criminal and has never been in my daughter's life but doesn't want to give up his parental rights..My husband has raised my daughter ( our daughter) what do we do???My husband is trying to adopt our daughter.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 28, 2017

You'd have to file to terminate the biological dad's parenting rights, and he may object to that.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
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1 Answer | Asked in Adoption and Family Law for Massachusetts on
Q: My ex husband and his fiancé have both emailed me asking me to allow adopting of my kids. How does this benefit them?

I am a recovering alcoholic, I've already signed custody during when I was at my worst, can they use this against me?

Can they "force" me to give up my kids for adoption?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 24, 2017

They cannot force you, but they can file a motion in court requesting to terminate your parental rights. You could object in court to that. You may file for new custody/ visitation rights.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to...
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1 Answer | Asked in Family Law for Massachusetts on
Q: I want to move out of state with my children but my x is saying i cant he dont really see them its 5 min out of state

He is a in and out kind of dad he doesnt do much for my children he gets made cause he pays child suport and there health insurance witch isnt much he refuses to give me there insurance cards and always fights with me i dont have custudy my mother does but im getting my girls back and i live in ct... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 19, 2017

You can file for a court order in your custody case, and he can oppose it if he feels it will impact his time with the kids. The judge will decide based on the facts.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional...
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1 Answer | Asked in Family Law for Massachusetts on
Q: Can active army noncustodial father file an emergency hearing in order to receive parenting time?

Active army noncustodial parent. Active child support order, irrelevant parenting time schedule. Father is scheduled for a break this week but mother wont allow visits. Due to the time sensitivity of the matter, could father file for a emergency hearing

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 5, 2017

Yes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com.... View More

2 Answers | Asked in Family Law for Massachusetts on
Q: The mother of my minor children is planning to move out of state with my children without my consent.Do I have rights

I pay court ordered child support.

Theresa Spearing
Theresa Spearing
answered on Apr 4, 2017

Yes you have rights. If you have a Parenting Agreement it should specify the parameters of moving children out of the Commonwealth. If you have only a Child Support Order without a Parenting Order, it is in your best interest to file a Parenting Petition with the court in order to preserve your... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: Child born prior to marriage, he is on birth cert. Now getting divorced, denying paternity but wants visitation???

Father signed acknowledgement of paternity to be on birth certificate. We eventually wed, but now going through a divorce. In a motion, he stated there is no proof our daughter is his and that he should not have to pay child support. However, he wants visitations. He lives in Florida and we live... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 4, 2017

He cannot challenge Paternity but he can seek visitation , however. The waffling about his level of interest in the child is a concern which you should bring up to the Court in establishing visitation if he indeed seeks it.

1 Answer | Asked in Family Law for Massachusetts on
Q: What legal recourse is available to stop harassment and false accusations in a contentious divorce, child custody case?

I am inquiring on behalf of my nephew who is repeatedly brought to court by his ex wife on issues that she has exaggerated and in some cases are completely false. She has the financial resources to engage her lawyer at will. My nephew does not - he has wiped out his 401k, savings and borrowed... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 27, 2017

This may form the basis of a motion for sanctions for abuse of process. He may need a more aggressive and savvy lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: If a temp guardianship of my minor child was approved by Plymouth family court while I was hospitalized without knowledg

And I was still hospitalized when the next hearing came up and I was legally unable to attend, what can happen? I've signed or have not received any paper work other than my treatment social workers words to me. This seems like a violation of my parental rights.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

If the guardianship is temporary, then that implies that it will revert to you at some point when you're well, right? You should be provided a copy of such orders, of course. Request that from the court clerk. More details are necessary to provide a professional analysis of your issue. The... View More

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