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Massachusetts Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Massachusetts on
Q: How does probate court for custody work in Massachusetts

My son is almost 4 and has lived with me his whole life, along with his mother This past January she had gotten us evicted and I have my own apartment, she took my son and is living in a shelter Using my child to get herself state housing, while I work 40 hours a week How can I get to see... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 29, 2020

Has paternity been acknowledged? If not, then you should commence a Paternity proceeding and request visitation and child support orders to be entered upon a paternity finding. The law in unmarried situations is that the mother is the sole custodial parent, however, upon a showing that you were... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: My husband and I have been separated since 2017. I’m terrified of him but I want to finally go through with the divorce

We briefly reconnected for about two months winter 2018 and now we have a baby. I told him I was pregnant in April 2019 when I found out and I didn’t hear from him my entire pregnancy nor did I hear from him her entire first six months of life. I ended up contacting him for help which was a... Read more »

Tanesha R Wright
Tanesha R Wright answered on Jun 15, 2020

You should contact an attorney to discuss specific details, there is not much here to go on. If you want a divorce you'll need to go through the divorce process of filing in the probate and family court. If you fear for your safety and your child's safety, for any reason, you should... Read more »

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1 Answer | Asked in Child Custody and Civil Litigation for Massachusetts on
Q: I need to know legally where I stand with child support. X had c/s reduced 6 years ago due to no jobs but does very well

He just bought a $700,000. house, goes to the Caribbean 2-3 times a year and does not cover my health insurance and it’s in our divorce. The $49 a week I get in c/s is not enough

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 9, 2020

It sounds like a Modification of Child Support matter can be filed based upon his material change in circumstances . The current Guidelines would be applicable, also. It also sounds like he is in Contempt with regard to your health insurance coverage if that was not changed in the earlier... Read more »

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Domestic Violence for Massachusetts on
Q: How would I go about filing a lawsuit for parental alienation against my daughter's father and his wife?

Also, how would I find out if my daughter has a lawyer? Any information you can give is greatly appreciated. What steps should I take? I haven't seen her since February when we had a wonderful relationship. I already proved drug allegations to be false in court. They are making false... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 4, 2020

Is there a Modification petition pending? Has your visitation been limited by any Court Order? If not you may file a Modification Complaint of your own if the circumstances have changed materailly since your prior orders. You could check the docket on line to see whether counsel for the child was... Read more »

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Ex and I live in different states. I have custody, he gets visitation rights. Can I move to a different state with kids?

I moved away from him with our two kids 5 years ago. ( TN to MA ) He got a lawyer and we went to mediation, I ended with custody and he gets visitation rights that I have to pay for. ( plane tickets ) I now want to move in with my boyfriend of 4 years, but it’s to a different state ( FL ). Can... Read more »

Brian Waller
Brian Waller answered on Jun 1, 2020

Good question. It really depends on the agreement that you came to with your ex when you moved away. If there is any restriction about moving to any state other than TN, then obviously it would be an issue.

Realistically, there should be no impact on your ex if you are paying for the...
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1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Looking to get child support changed due to father of the children reporting less income then actually receiving.

Divorce and custody agreement was done in a different state (Rhode Island). 1. Father is moving out of current state to somewhere unknown 2. Father of the children reported to child support that he makes a certain amount for last three years when he makes almost triple of what he reported. He is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 19, 2020

So it looks like neither of you are in Rhode Island, so you can contact the Mass. Dept. of Revenue about Child Support Enforcement application and their seeking a Modification through the Probate Court in Massachusetts where you are residing for you as an option.

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: For parents with joint legal and one parent having sole temporary physical custody (previously 50/50)

Can a parent with physical but joint legal withhold information regarding health of child

Lillian J. LaRosa
Lillian J. LaRosa answered on May 6, 2020

Yes, The name of the provider should be provided to the other parent.

3 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can the courts force me to visit my child? I pay support fully and on time, but I absolutely refuse to visit.

At this point I’m considering a restraining order against my ex, we agreed that I didn’t have to visit as long as I paid support. But she started trying to force me to visit, she shows up at my house with the kid occasionally. Last time I called the police and they made her leave but she’s... Read more »

Kelley Anne Joseph
Kelley Anne Joseph answered on Apr 25, 2020

While I practice in Florida, not Mass., in most states, courts cannot “force” a parent, against his or her will, to spend time with a child, but many can sanction a parent for their refusal, in some way, as forcing you seems contrary to the child’s best interest. Further, the court can... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: I’m wondering if there is a way to waive back child support that the other parent is willing to waive?

The other party has agreed to waive a certain amount of child support in out case. Just wondering what the steps are?

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 22, 2020

If your question involves the MDOR then you and the other party need to contact the MDOR attorney or office involved with your case and indicate that there is going to be an Affidavit of No Arrears executed and request this be processed.

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3 Answers | Asked in Child Custody and Family Law for Massachusetts on
Q: I have joint custody of my son and his father and step mom are keeping him from me.

.i would like to know if theres anything I can do other than court such as calling the police to do a welfare check on my child,get dcf involved,or report for kidnapping?

Brian Waller
Brian Waller answered on Apr 22, 2020

It really depends on the custody order that is in place and why they are withholding visits. Parenting time and custody arrangements are supposed to be honored despite other quarantine restrictions so that alone isn't a valid reason to deny visits. If you are concerned about the child's... Read more »

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1 Answer | Asked in Child Custody for Massachusetts on
Q: I signed a notary of giving up my parental rights how do I get a copy of the surrender form I signed with courts closed?
Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 20, 2020

Was there an attorney involved? He or she should be able to send you a copy even if you were not represented by the attorney for the other parent.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Do I need to mail a money order?I have a feeling once they see they will want child support I am on disability .

I have the forms to mail to the court house for parenting time.i am on the birth certificate.

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 20, 2020

The level of child support is determined by the child support guidelines and you should try to estimate the sum based upon your income and what you know about mother's income as well as medical insurance information. Keep records of what you are paying directly ( cancelled checks and bank... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Looking for help to have my daughter come spend time with me at my own house. My kids mother is making rumors about me.

I need help to get custody of my daughter her mother is unfit and has been prostituting for the last 3 years, she has sexual intentions with police officers. I need help to get my daughter away from all this nonsense. Please help

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 19, 2020

Is the child being neglected or abused? If so you need an emergency order and should engage counsel in your geographical area. Otherwise you should consider filing a Modification of your current custodial orders.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Health Care Law for Massachusetts on
Q: Will the Judge in Family Probate, still require me to take a drug test if I prove I'm being falsely accused?

My daughter's father is falsely accusing me of using drugs and/or improperly using drugs. He's requesting I take a hair follicle test but I have evidence to prove that. How would I go about filing for slander, disobeying court orders and being falsely accused? Also, I entered a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 12, 2020

Usually random drug screens through the Court's probation department provider would be ordered where there is such an accusation. If you are willing to do so you can also ask the Court to have father so screened. The focus should be on establishing that you are not abusing drugs and are able... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: I want to file for full custody of my children what are my chances of getting them

My kids live with me the dad is barely involved in their life but he said he will fight it in court

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 7, 2020

Do you mean sole legal and physical custody? First of all if you and father are unmarried and father was not living with you at their birth and was not involved with the children, then you are presumed to be the sole custodial parent. Visitation may be ordered. However, if you were married to... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Massachusetts on
Q: MGL 215 Section 2; appoint someone to be a special process server with law enforcement powers?

Out of curiosity. Does MGL 215 Section 2 appoint someone to be a special process server with law enforcement powers in Massachusetts?

Someone sent me a text/ picture showing he is authorized to serve any and all process, including arrest warrants under that law and given powers “to keep... Read more »

Kristen Greenwood
Kristen Greenwood answered on Dec 21, 2019

Although I have not seen the photograph you received, and I cannot comment on the authenticity of what you received, here is what the law that you inquired about says:

M.G.L. 215, Sec. 2 outlines Superior jurisdiction; presumption:

Probate courts shall be courts of superior and...
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1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: My Ex has been keeping me out of childs life since i was 14 with dcf threat now that 18 come for CS. no custody agreemet

We were never married, I still visit when and only when she allows and i provide whenever asked and even when not. I just got a letter in the mail saying she opened a case and now I'm waiting for a court summons. i would like to be able to see my child without her constant supervision and id... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 5, 2019

If paternity has been established then there is a Complaint for Custody and Support she may have filed and the Court can enter minimum child support orders due to your unemployment status. This legal proceeding is the forum for presenting your visitation requests as well.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Hello I'm in a tough child custody situation. Falsely accused of neglect father took sole temp we had shared

I would like to know how and what I can do if I feel there is child alienation from father to me mother

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 25, 2019

You can request that the Court appoint a Guardian ad litem to investigate whether the claims against you are legitimate or are alienation . The Court can order payment of the GAL's fee to the requesting party or order both parties to pay for the GAL. In indigency or low income situations the... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: In Massachusetts is there a legal definition of a grandparent? Would a great-grandparent be considered a grandparent?

I am aware of the California case "Ed H. v. Ashley C." But have been unable to find anything in Massachusetts.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 30, 2019

There is a petition for grandparent visitation and the statute speaks with regard to grandparents having visitation rights under certain circumstances .

1 Answer | Asked in Divorce and Child Custody for Massachusetts on
Q: My daughters therapist filed a 51a against my ex.for severe emotional abuse.do i still have to let her go on visits?

This is court ordered visitation but today the therapist said no visit tomorrow and filed the 51a.she is terrified because he knows she is getting lawyer and he will be vicious with her..he is treating her like he did me

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 28, 2019

You would need to ASAP file an Emergency Motion and Affidavit seeking Modification of any existing Orders or also a Modification Complaint if there is a Judgment, detailing that the child's therapist has filed an abuse 51a and recommends no visitation in the child's best interests.

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