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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Civil Litigation, Probate and Family Law for Massachusetts on
Q: My ex is taking me back to court for contempt I feel what he is doing is litigation abuse. I cannot afford a lawyer.

I am not able to answer his phone calls every single night so he can speak to our son. The last lawyer I had said to agree to the terms of him speaking to my son every night and that it wouldn’t be a big deal. I never wanted to agree because I know my schedule is crazy and I shouldn’t have to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 24, 2023

If there is a Court Order that there is a phone call father has at such a time each night, someone needs to make sure the call happens so that if someone else is watching the child, then they can handle the child responding to the call.

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Massachusetts on
Q: No Tittle No Registration.

My Grandmother left 2 lands in PR to 4 siblings more then 50 years ago. My mother was leaving in one of the land and my uncle build a house in the second land. All siblings has deceased. I went to PR to find out under who's name was both lands. Theres no record of registration couldn't... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 15, 2023

It sounds like the first step would be to contact a real estate attorney In Puerto Rico to see if there is real estate still owned by your grandmother. If there is, then the next step would be to determine where your grandmother was a resident at the time of her death as the law of the State of... View More

1 Answer | Asked in Federal Crimes, Family Law, Child Custody and Civil Rights for Massachusetts on
Q: Can a judge order a hair follicle test on hearsay? No drug history or evidence. Just hear say from other parent?

My child's father believes that I am using drugs. The reason is because he heard a recording of my current partner and i arguing. That he obtained from a 3rd party, illegally. Also, my partner didn't know he was being recorded. In the audio it uses a slang word for a drug, but that word... View More

Brian Waller
Brian Waller
answered on Apr 30, 2023

The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it,... View More

2 Answers | Asked in Family Law, Divorce and Probate for Massachusetts on
Q: In Massachusetts is there an agreement that can be filed with the courts for the termination of a domestic relationship?

My domestic partner is looking to end the relationship. We currently own a house together and share bank accounts for the past 3 years. In speaking with the mortgage company I would need a court document stating we are separating and agreeing that I would keep the house for her to be released from... View More

Brian Waller
Brian Waller
answered on Apr 24, 2023

You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... View More

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1 Answer | Asked in Child Support, Family Law and Child Custody for Massachusetts on
Q: Child support in MA with out of state father.

I recently had a baby while living in MA. I filed for child support giving as much information about the father as possible. It has been a week and the application still says "submitted".

The father moved out of state and won't supply me his new address so I could only... View More

Brian Waller
Brian Waller
answered on Apr 4, 2023

It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days.

DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Will a Massachusetts judge grant a motion for video chat visits twice a week for 15 minutes with a 1 year old child?

I live in MA & currently have temporary sole legal and physical custody of our child. My ex lives out of state in Maryland and will soon start court ordered parenting time every other weekend for 6 hours. He frequently disappears for weeks to months at a time without any contact. He has also... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 30, 2023

The Court could enter a version of the requested order , but you should assert the difficulty involved in having the child participate for the full length of the call . Of greater concern at this point is the lack of consistency by father "disappearing for weeks or months" . Is there also... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Massachusetts on
Q: I am looking for a pro-bono litigator for contested probate matter regarding adult guardianship/ conservatorship?

Trial Attorney with experience in probate litigation in regards to adult guardianships/conservatorships.

Attorney can be located anywhere in Massachusetts as long as the attorney is licensed and in good standing to practice in Massachusetts. Must be committed, competent and a crusader for... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2023

I am sure that you will find a very good probate litigator that meets all of your requirements to represent you for free!

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: A minor currently lives with a grandparent. How does grandparent get custody/ secure parent doesn't take kid during proc

During the process of gaining guardianship, what if parent demands kid comes back

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 3, 2023

You would need to obtain Guardianship over the minor via Petition to the Probate & Family Court where there was either a previous divorce or paternity proceeding or where you live if not applicable. If there is an Emergency you would need to also request temporary guardianship and have grounds... View More

2 Answers | Asked in Child Custody and Family Law for Massachusetts on
Q: Can I request a parental fitness eval for a non-custodial, wheelchair bound parent that has unsupervised visitation?

I am an unmarried single mother that has a temporary order for sole legal and physical custody of my 1 year child in MA. Child’s father lives out of state in Maryland and judge has ordered a temporary, unsupervised visitation schedule for father to come to MA every other weekend for 6 hours.... View More

Brian Waller
Brian Waller
answered on Mar 4, 2023

From a practical standpoint, even though he was granted visits, how often is he going to be able to travel from Maryland to Massachusetts for a 6-hour visit? You may want to wait and see how things go. Judges usually give parents the opportunity to show they can parent successfully, but if it... View More

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1 Answer | Asked in Family Law for Massachusetts on
Q: How can I find out exactly what terms and powers of guardianship when guardian will not disclose?
Brian Waller
Brian Waller
answered on Mar 2, 2023

I am not a guardianship expert, but you can obtain a copy of the order appointing the guardian from the register's office in the county where the case was filed. That order/decree will detail the powers granted to the guardian.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Is circumventing a court order knowing you are doing it the same as violating the order

My ex am I have an order stating neither one of us can cancel a Drs appointment made by the other, she brought him in to the Drs and got the second vaccine shot which was an appointment I made for another date, the office then canceled the appointment I made as it was obviously no longer needed, is... View More

Brian Waller
Brian Waller
answered on Feb 18, 2023

It is hard to say without reviewing the specific order, but a judge would probably look at your ex's intent, but also if that cancellation harmed you or the child in any way. If your ex took the child to a different scheduled appointment and the doctor offered to give your son the second... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: I just got 50/50 custody of my children. Which parent will receive my disabled daughter's SSDI benefits.

She currently gets the benefits and it's her only income and she expects me to pay child support too because SSDI isn't counted as income which really isn't fair.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 14, 2023

The amo0unt of SSDI received for the dependent children could be greater than the calculated Guidelines child support to be paid in some circumstances. If it is less is where there would be orders.

1 Answer | Asked in Family Law and Adoption for Massachusetts on
Q: I was adopted at 15 years old do I have any legal claims against my biological mother's estate
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 11, 2023

You very well may however some laws vary from state to state (jurisdiction to jurisdiction) and I would recommend that you contact a probate lawyer in your state to discuss this further. Good luck.

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: My brother has filed for Informal probate of my Mom's Will without giving me a copy of the Will. Do I need a lawyer?

He is not trustworthy due to things he's done through the years. He is named as the PR in her Will only because he bullied her into it and is the oldest. I do know that she tried to make her Will specific and made sure that her estate would be divided equally between her four children

Joshua H. Bearce
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Joshua H. Bearce
answered on Dec 28, 2022

If your brother filed an informal probate, then he had to file a copy of your mother's Last Will and Testament. You can request to see a copy of your mother's estate case at the Probate and Family Court. This will allow you to see the Last Will and Testament and obtain a copy of it.... View More

2 Answers | Asked in Civil Litigation, Family Law and Real Estate Law for Massachusetts on
Q: What kind of attorney(s) should i hire if i want to file a complaint in equity and sue in family court for contempt?

i am the child named in a judgment of divorce between parents and became a tenancy in common in properties with step-mother. i am now disabled and the sales will create financial complexities along with a host of difficulties. i have hired a real estate attorney & scheduled to meet soon but i... View More

Christopher Tolley
Christopher Tolley
answered on Dec 1, 2022

Optimally you would hire a family law attorney with litigation experience.

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1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: How long does a judge have to sign and file a judgement after a child support hearing in Massachusetts?

My court hearing for child support was 27 days ago yet I still haven’t received the judgement in the mail, neither have the courts or DOR.

Brian Waller
Brian Waller
answered on Nov 22, 2022

It depends on the type of hearing. If it was a divorce trial where child support was just one of many issues, it would take a few (or more) months. If it was a hearing where DOR was seeking support on the other parent's behalf, it should be much quicker. It also depends on the county you are... View More

1 Answer | Asked in Child Custody, Family Law and Divorce for Massachusetts on
Q: Followup on my previous question, regarding my daughter trying to get custody or more visitation time.

She was granted attorneys fees of $5,000, but husband refuses to pay, charged with contempt, got an extension to pay, contempt charges filed again, pending. He was supposed to pay her a min amount for reestablishment, refused. She only gets sons on weekend, agreement is she has to take them to... View More

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

She needs to continue to pursue the Contempt and sounds like there are more issues where a Contempt may lie, so try to obtain counsel!!

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Parties agree to contribute to child's educational expenses ~according to their respective abilities at the time."

Ambiguous. Who decides ability? Can parent have a savings account or be concerned someone is going to say "S/He has money?" Child is 20 years old in college and is capable of supporting self but lives with one parent.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 17, 2022

A child in college full-time is not considered to be emancipated and the duty to pay child support and make college contribution exists. Where there is an indefinite percentage or sum indicated there is likely a basis for court review in a Modification proceeding. The current Massachusetts child... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Spousal conflict on Adoption: Is Divorce the only solution?

We have been married for 15 years without kids. We tried IVF several times, but it did not work. Now my wife wants to go for adoption, but I am not interested. She is even willing to do it as a single mother. And I am opposed to it primarily because, we don’t know how things will turn out after... View More

Brian Waller
Brian Waller
answered on Oct 11, 2022

I am actually not sure whether your wife could adopt a child solely while you are married, but another lawyer with expertise in adoption may be able to answer that.

Regarding an agreement to waive child support, however, that is definitely not possible. The courts view child support as...
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1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: My step mother had contacted me 3 years after my dads passing for myself and my sister to sign to make her executer

When my dad passed away 3 years ago he had no assets including house cars or property. She had randomly reached out tonight asking us to sign and make her executer of his “estate”. How should we proceed?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 2, 2022

First of all , was he a resident of Massachusetts? If so ,Is it a Late and Limited Petition? Because a regular estate post 3 years is not available. The Late and LImited Petition is just that- a filing to determine title to assets inasmuch as the 3 years post date of death has passed.

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