There is nothing in Probate and Family Court that you absolutely need an attorney for, many people represent themselves. In your situation, you may want to speak with an attorney or even DCF (depending on why there are no visits currently) to understand what you can do to get you closer to having... View More

You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification... View More

If real estate is held in common, a petition to partition is needed. In divorce there is property division and this is a distinction. In a divorce all assets regardless of how held are considered marital property to be divided and not the sole property of a spouse until or unless the Court so... View More

It is likely that an appeal would not be successful as the judge is the fact finder and assesses credibility. It is possible that remaining in an abusive relationship was neglectful. You do not state whether you have any issues or what the DCF found as a result of their involvement with your family... View More

In my experience, judges don't have a lot of patience for things that aren't a good use of their time, like having a hearing that doesn't accomplish anything because one party hasn't provided info they were supposed to provide. Judges have a lot of discretion in how they handle... View More

It depends upon the terms of the Separation Agreement/Divorce Judgment and the Judge's perspective on the level of income available for alimony and child support.

It depends upon the wording of your separation agreement/Divorce Judgment if you are divorced or temporary orders if there is not a final resolution . If the document is truly silent then not required to do so.

If he doesn't appear for court the judge can issue a capias (basically a warrant) to have him brought before the Court by a sheriff. There are a lot of things that could happen as a remedy for the person that was supposed to receive the alimony, like the assignment of wages. Civil contempt... View More

Was there a prior paternity action or acknowledgment ? Is the MDOR involved ? Is DCF involved? If your fiance has filed a custody and support complaint and received a counterclaim I am unsure of what other action you are contemplating.

You could file a motion to modify the restraining order to allow for visitation.

It is really hard to say how a judge would decide, but as long as you are making an effort in good faith and the child doesn't want to, there isn't much you can do. It does sound like your daughter has outgrown the way that section of your agreement is worded. You may want to start the... View More

6 is a young age and there is potential for a Contempt Complaint to be brought against you for not making the calls occur .

So it appears that your wife has demonstrated concerning conduct sufficient for you to obtain a restraining order. You have not stated whether the child was present during the precipitating incident and the child's safety and well-being and best interests are paramount. Your wife's... View More

So, depending upon your financial circumstances the Volunteer Lawyers Project of the Boston Bar Association may be able to assist you. If your husband has income and assets which are sufficient, the Probate Court can order him to pay toward your counsel fees.

So, was there a recent Modification of Custody and Support? If you just agreed to this division and did not list orthodontia as an extraordinary expense to be agreed upon this murkies up the waters. It can be considered an extraordinary or unnecessary expense by some Judges. Are you sure you cannot... View More

This sounds like a DDS issue and not a guardianship issue per se.

If the Court finds the petitioner for guardianship to be suitable and in your best interest after first having the petitioner appointed temporarily usually there would then be a trial date for appointment of a permanent guardian for you until age 18. Sometimes the parent(s) assent to temporary or... View More

It can be used as a defense to the request for an increase in child support but not to lower an existing child support order.

Not sure what you are trying to do at this point. If counseling is ordered then you should comply with the Court's Order. Is there a review hearing date? If so you will need to report that counseling has not gone well and are concerned that there should be separate individual counseling for... View More

There is a Public on-line Probate & Family Court docket search you can do to check the status of your case Its unclear what your case was- divorce, paternity, etc. Was the MDOR /CSE involved in obtaining child support orders? if yes, then follow up with the MDOR. If not, you can seek an... View More