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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Immigration Law and Federal Crimes for Massachusetts on
Q: 2 years ago, my friend married a guy but he's using her for the green card. How can I report him anonymously?

This guy is from Haiti. He has been staying on the tourist visa and he seduced my friend to married him. He has a kid with her now: a 2 years old daughter.

Kevin L Dixler
Kevin L Dixler
answered on Oct 3, 2021

More information is needed, but it cannot come from her. You have no affirmative duty nor direct evidence of fraud by the husband! Strangely, you ‘may know’ more incriminating facts about her!

It reads more like, she ‘seems to want’ out of a marital relationship that appears to...
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2 Answers | Asked in Family Law and Child Custody for Massachusetts on
Q: Does a lawyer have to file a notice of appearance before a court date?

Can someone just show up to court with a lawyer that they previously did not have?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 21, 2021

Basically you can hire counsel as long as you find one who will take your case. Occasionally counsel is brought in late in the proceedings and asks for a Continuance which the Court can allow. This may be the concern you have- delay of the proceedings. Occasionally counsel brought in may have a... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: Does a reliquish of rights go I to affect the day it was signed. It was done in front of a notary public and witnesses

It is stamped, signed and dated and filed into court

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 15, 2021

It has to be filed with the Court and acted upon to take effect. If you have second thoughts you really should have counsel represent you!!

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My mother has court ordered visits of one of my daughters, with the rise of Covid again, I'm not comfortable with it

They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?

Kimberly Erwin
Kimberly Erwin
answered on Sep 12, 2021

I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: am I entitled to half our house if bought 5 months before wedding?

We have been a couple for 20 years, married 14 years. We lived together for 5 years prior to buying a house 5 months before our wedding. The house was initially in his name because he had better credit at the time. We refinanced recently and I am secondary on the mortgage. Am I entitled to half?

Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Aug 26, 2021

Maybe, it depends on all of the factors surrounding your divorce and living together prior to marriage. The Judge must consider about 15 factors then decide what an equitable division of all the assets would be.

You want to consult with an experience divorce attorney who will review the...
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1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can I get a lawyer for my 13 year old daughter concerning child custody and her not wanting to see her father?
Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 17, 2021

Your counsel can file a Motion requesting the appointment of counsel for the child. The Court may also determine to appoint a Guardian Ad Litem to investigate and report to the Court concerning the best interests of the child in custody and visitation matters.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I am looking for a pro bono lawyer to represent my 15 year old. She would like to live with me full time. Thank you

About three years ago my ex husband suffered three ischemic strokes which altered him. I was a stay at home mom for 13 years and one day come home to being kicked out, he retained a lawyer, I was left powerless. I lost custody of my kids after a long battle I couldnt win. It took a long emotional... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 21, 2021

Since your 15 year old has been with you and apparently wants to stay with you , this is a Modification of custody complaint which you would be bringing. At 15 your child would have a voice about her primary residence and would still have visitation with father. It is unfortunate that you have not... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Massachusetts on
Q: Can family judges be changed? Are children supposed to be removed when their parent has a restraining order on them?

I've had the same biased judge since 2013 who is never on my side despite the evidence. I filed an ex parte hearing due to my 15 year old daughter's father almost killing his wife by strangulation. The wife has a restraining order on him. I arrived with police to witness the father, wife,... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 7, 2021

The Court assigns the Judges usually by docket number and unless there is a reason for the Judge to recuse, it is very difficult to change the Judge assigned. If your 15 year old is unsafe or unhappy due to what is occurring with her father and his household, then you can seek a Modification and... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: The father of my child doesn't pay child support and he is also not on the birth certificate.

He has never met his child and we have had zero contact. I am just curious as to what some of my options might be going forward.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 21, 2021

You can commence a Paternity action and seek support orders; both parties have the duty to support their child and if there are public benefits involved, the government has the ability to go forward to seek paternity adjudication regardless of whether you are interested in pursuing the matter.

2 Answers | Asked in Family Law and Civil Litigation for Massachusetts on
Q: What if I filed a complaint but no answers have come in and it is 35 days now. What do I do now?
Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Jun 7, 2021

Assuming you are talking about divorce, "filing a complaint" is not enough to get what you call "answers" and the Rules call "Defendant's Answer".

Have you received and served, according to the Rules, a Summons?

It looks like you are not prepared...
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1 Answer | Asked in Estate Planning, Family Law, Child Custody and Child Support for Massachusetts on
Q: If divorced parents were approved to withhold child support, can a support order be modified saying they did not pay?

If there is a uniform support order, and divorce was mediated and both parents waived having one pay child support, with notations by the Judge in the order, can another person modify the order stating that the parent didn't ever pay child support? The parent who supported is deceased.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 2, 2021

This is a very confusing question , particularly if a Modification is being sought against an estate? If there is not an order of child support, is there an order relative to life insurance?

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: my boyfriend is 19 and he is having a hard time with his mom who wants to send him back to PR with his dad can he decide

his mom wants to send him to his father whom did not treat him well as a child, he is 19 going to 20 in june will he have a day in this?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 13, 2021

Unless he is under guardianship due to disability, he is an adult and can live elsewhere.

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: My sister adopted my daughter because dcyf involvement five years ago. Today me and her want to reverse it. Any help

We want my child back with me we are looking for a lawyer to help us reverse it.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 8, 2021

This would probably be a new adoption petition. An adoption practitioner can go over all of your unique facts.

1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: Can a child request a custody change if they feel they are being mentally abused?

I have split parents, they have been divorced since I was 5. My mother has been abusing me mentally. I know this always gets over looked as the child overreacting but this isn’t some joke. My parents have equal custody, can I request to live with my good parent?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 8, 2021

If you are being mentally abused, have you told a Mandated Reporter such as a pediatrician , social worker, mental health counselor, psychologist, or school guidance counselor or school official or DCF hotline # about this matter and the underlying facts which constitute mental abuse? Is the... View More

1 Answer | Asked in Family Law, Domestic Violence and Probate for Massachusetts on
Q: I was accused of drug use with zero history of drug usage. In family and probate. Pat.g. Parents. Are temp gaurdians

My son and I were physically assaulted by my now ex. My sons father. He is being charged with 3 counts a&b and 2 counts suffocation/strangulation. He was bonded on $5000 bail, plus gps and zero contact with myself and our son. He was found to be a danger. After this transpired, my decade long... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 7, 2021

If you are seeking custody of the child and opposing guardianship of paternal grandmother then you should engage counsel to represent you if you are able to do so. In contesting guardianship an indigent parent can have court appointed counsel via motion to the court requesting same. The is random... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Can my son's biological dad go to court for rights and visitation if he isn't in my son's birth certificate?

He never wanted the baby, then i got married and my husband recognized my son as his own, so legally my husband is my son's dad.

Brian Waller
Brian Waller
answered on Apr 2, 2021

If by legally you mean that your husband adopted your son and your husband's name is on the birth certificate, I don't think the biological father can do anything because he would have been notified about the adoption. If your husband isn't on the birth certificate then the... View More

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: I asked a hair follicle drug test question prior

Recently my son and myself were assaulted by me ex. He was arrested. Found to be a danger. Zero contact with myself and son. Paternal g.parents have temp. Guardianship. She filed for an emergency hearing accusing me of drug abuse. She received this information from her son, my abuser. I feel like... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 29, 2021

Have you counsel representing you ? If not , you have a right to counsel and if you are indigent or believe you are indigent the Court will appoint counsel to represent you, but you need to file a Motion for Appointment of Counsel and you should also consider requesting random screening as the... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Do I have to submit hair follicle test without prior drug abuse history? These allegations came from parents of my abuse

Paternal g.parents have temp. Guardianship. They accused me of drug abuse for the first time out of 3 or 4 previous hearings. I have never been in trouble or in treatment for drug abuse. The court ordered hair follicle testing. G. Parents have zero proof. My ex claimed on the day of the assault I... View More

Brian Waller
Brian Waller
answered on Mar 28, 2021

If you have no history of drug abuse you should just take the hair follicle and then you eliminate that as an issue that can be used in your case. If you are trying to avoid the hair follicle because of what it will show, then there isn't really much you can do if it was already ordered. If... View More

1 Answer | Asked in Family Law and Domestic Violence for Massachusetts on
Q: How much trouble could my mom get in for being abusive?

My mom's is somewhat physically abusive, extremely emotionally/ mentally abusive (example: threatening suicide) and also threatens me and my brother a lot (example: "I'm gonna slit your throat and watch you bleed"). She has also denied me food and various occasions, punished me... View More

Kimberly Winslow
Kimberly Winslow
answered on Mar 15, 2021

Are you a minor? You can talk to a trusted teacher or guidance counselor at school. Another option would be to self-report to the Department of Children and Families by calling 508-910-1000. More information is available here:... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: How can I prove abandonment of child and terminate rights of biological father? He's been gone over 4 years.

My now husband wants to adopt. Bio Father has been in and out of jail over last 10 years for years at a time. Never paid child support.. We live in Massachusetts.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 4, 2021

I take it you have already explored whether he would voluntarily consent to adoption by stepfather? This is the easiest method to proceed. Otherwise there would need to be either a default on a petition or a trial establishing unfitness of bio father with an adjudication.

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