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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My Husband loaded his stuff and left me. I'm on disability since 2010 we were married Halloween 2009.

He changed the bank accounts where his personal account gets most of his check and our joint account gets 350 and is always over drawn. He Claims he Doesn't feel the same way about me anymore. Of course from our phone bill he's been in contact with someone else since he's started... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

See: http://www.mass.gov/courts/case-legal-res/rules-of-court/probate/pfc-supp/srpc411.html

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,...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: How long can someone get child support after child is returned from DCF custody even if they still have temp custody

The child was in dcf custody for 6 months just returned and DCF still have temporary custody and I wanted to know when can my friend apply for child support or do it have to wait til after the case is closed and custody is returned to her?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 23, 2016

The Court would want you to have a custody order most likely.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Divorce between US and Canada

Family was living in Canada, husband physically abusive, wife & kids escaped & now living in MA. Low income, younger daughter dealing with OCD & PTSD issues, need help with divorce proceedings, custody, need to prevent husband from contacting children.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 22, 2016

How long have you been in Massachusetts and did husband live in Massachusetts at some point? There are complicated jurisdictional issues and I urge you to make an appointment with a lawyer to go over all of the facts.

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Is it worth going back for modification?

I am in the process of going back for modification of my child support and alimony. We share fifty fifty custody. I have been out of work for over two years with back surgeries and I am trying to get social security disability. Because I am not able to do anything more clinically (I am a nurse) I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

A motion for modification of support may be in order. The best first step is an Initial Consultation with an Attorney. If you cannot afford one, access self-help resources at your local County law library. You can read more about me on my law practice website. This answer does not constitute legal... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Massachusetts on
Q: Is DCF reqrd to file w police and have criminal charges brght against an adult emp that inappr touched a minor in a gr

home..while under DCF care???

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

Even if the department didn't , if you learn of a minor being abused you can contact dcf and the police.

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can I sue for child support?

In April, my 16 year old cousin moved in with me due to issues with her father and stepmother. Her father then gave me temporary legal custody after I insisted on signing her back up for school (he had previously withdrew her early in the year) So far, he has only given me a total of ~$600 for the... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

You can seek child support for the child and the DOR can help you with this issue.

1 Answer | Asked in Estate Planning and Family Law for Massachusetts on
Q: Does a durable power of attorney need to be witnessed
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

This is definitely important to help avoid it being challenged. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: my exhusband and his girlfriend recently broke up and he moved out of their home.

He wants our son to continue visitation with the now exgirlfriend even though he's not there. Do I have to allow my child to go her home for visits even though his father isn't there. His father lives in staff housing and can not have our child there. Our son doesn't not like staying... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

If your child is going to the ex-girlfriend's house to spend time with his Dad, I don't see a problem based on the facts you provide. If Dad is simply not seeing his child, that's another story, and you may consider filing for a change in the custody order via an emergency motion.... View More

1 Answer | Asked in Contracts, Family Law and Gov & Administrative Law for Massachusetts on
Q: Is there any difference in Massachusetts between a Notary Public and a Justice of the Peace besides performing marriage?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

By a "Justice of the Peace", I presume you mean a "Judge", who has the ability to make decisions in lawsuits and perform weddings, among other powers. A Notary Public is not necessarily a lawyer and only has the ability to verify the identity of a signor of a document, not to... View More

1 Answer | Asked in Estate Planning and Family Law for Massachusetts on
Q: If my mother passes away without a Will, who obtains the property, money, and all other assets by legal right?

My mother and step father are married under the muslim religion but not legally through the US court.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

The MA laws of intestacy apply here, assuming you're in MA:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII/Section2-101

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: If def in a Divorce summons disagrees with irretrievable breakdown reason, can/should def counter file?

Plaintiff wants child custody, child support, and wants def to vacate the marital home (rented).

Defendant has proof that plaintiff has been and is still currently engaging in adulterous activity. The plaintiff struggles with alcoholism and has victimized the defendant by way of... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

The focus should be on the effects on the children of plaintiff's conduct and the adultery is not so much of a concern to the Court from my experience.

1 Answer | Asked in Family Law, Estate Planning and Probate for Massachusetts on
Q: I am the executor of my mom's estate. My sister claims that a vocal agreement was made to have all the bone china.

I want to know if a vocal agreement is legit before the estate sale.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

A verbal agreement should be evidenced in some way. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Could you clarify the difference between Guardian A latum and Sole Legal Custody of my grandchildren .

The original order was changed from Guardian with out our knoweldge.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

Sole legal custody of a child typically proffers greater legal powers than guardianship ad litem. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees,... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: I lost parental rights because of drug use. Can that be used against me if I have another child?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

The best interests of a child are considered in court-based child custody decisions, which may consider the past behaviors/ addictions of a parent. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Child support question

I have two children, 12 and 4. The defendant is saying that he will take the 12 year old and I keep the 4 year old and he will not have to pay child support. He makes 6 figures a year and I make about 20,000. By us splitting the children, will that negate him having to pay child support for the 4... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

What does the child support order of the court say? If you want to modify it, you have to file in court for that. 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

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: i have a paper signed from my sister given me permanent to temporary custody of my nephew she wants to leave with him

she wants to leave with a homeless person and go on the streets with herself, and 4 yr old son. how do i with the paper make sure she don't leave with my nephew

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

You should seek appointment by the probate court under a guardianship of minor petition and also seek temporary guardianship via emergency Motion with supporting information. She may assent to a petition , but be ready if she decline to do so. Also,where is child's father? Father also would... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Mass to Florida Visitation on a 1 year old

My daughter had a baby with a man when they both lived in Mass. She has full custody and there is no visitation agreement in place as he has never asked for one and has barely seen the baby. He was ordered to pay support by the state (welfare). 2 months ago he up and moved to Florida only giving my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

If your daughter still lives with the toddler in MA, then it seems a stretch that any court would order the one year-old be sent (how?) to FL to visit dad. He might very well be able to have some visitation rights to spend time with his child in MA as father-time is as crucial as mother-time in the... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: How have final divorce contingent on getting shariat (Islamic) divorce in the US and register it in Iran consulate?

I got married in Iran in 2011; petitioned for my wife to join me here in the US.

In 2014 I filed for divorce. Since we got married in Iran, we need to also

get Sharia divorce and have it registered in Iran consulate. Otherwise,

my wife can file for a divorce in Iran where... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You can also file for divorce here if you reside here. 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

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: I have been in a custody trial for 10 months final trial date in a month and my ex wants to hire a lawyer can she? MASS

Essex county probate court. What will happen to my trial if she does?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

The Court may determine that a continuance of the trial should be granted depending on a number of facts and the Court's opinion of whether merely a delay is sought.

1 Answer | Asked in Family Law and Juvenile Law for Massachusetts on
Q: What are the steps I have to take to get custody back from a third,willing party?

3 years ago dcf took them from my custody for drugs, lengthy process later my mom ended up with third party custody. For the last 2 years I've been clean and live with her and my children every single day. I need to know whats going to happen when I try to get custody back, she is 100 %... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

You have to file for child custody rights in court. You can bring your mom as a witness if she supports your rights. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

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