Massachusetts Questions & Answers

Q: My boyfriend is in jail because my cousin said he beat me but i never said that happened its her word against mine

1 Answer | Asked in Criminal Law for Massachusetts on
Answered on Nov 18, 2017

Were there any other witnesses? You can also testify that this never happened. Consult with an experienced criminal defense attorney.
View Details »

Q: I am in the process of filing for a mortgage modification, but also need to declare bankruptcy what do I do

1 Answer | Asked in Bankruptcy for Massachusetts on
Answered on Nov 17, 2017

You can probably do a loan modification in conjunction with the Bankruptcy. Most Bankruptcy Courts have a Loss Mitigation Program which does exactly that. Check with Counsel in your jurisdiction, and you should be fine
View Details »

Q: How can my daughter leave her abusive boyfriend? There is a 2 year old, can she come back home to mass. Not married

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Nov 17, 2017

Has the child been living in New Hampshire for over 6 months? If so New Hampshire has jurisdiction over custody, visitation and child removal from New Hampshire issues.
View Details »

Q: House bought before marriage in one name. What happens in divorce?

1 Answer | Asked in Divorce for Massachusetts on
Answered on Nov 17, 2017

How long have you been married? Is this the first marriage? These and other property division/equitable distribution statutory factors are important to discuss with a divorce attorney and there is not a set answer other than that in long term marriages even splitting is the general rule, but there can be exceptions. How title is held or has been held does not establish whether one party will receive that asset.
View Details »

Q: Is it possible to file a wrongful death lawsuit against a medical practice if new evidence if found 8-9 years later?

1 Answer | Asked in Wrongful Death for Massachusetts on
Answered on Nov 15, 2017

I don't see a case here, let alone one that would survive a statute of limitations problem, but for the sake of closure why not consult a member of the Mass Academy of Trial Lawyers--they give free consultations.
View Details »

Q: Will states my estate goes to children who survived me.do that disinherit the predeceased child, which is my grandmother

2 Answers | Asked in Probate for Massachusetts on
Answered on Nov 15, 2017

If the will says children who survive me then yes, it 'disinherits' someone who died first. HOWEVER, how can your grandMOTHER be your child? I think you're confusing things and it may benefit you to consult with an attorney rather than just trying to figure this out on your own!

--This answer is provided for information only and does not constitute legal advice or create a lawyer/client relationship. I am licensed to practice in Michigan only.
View Details »

Q: If there is a court investigator assigned to my custody case Can I still file a modification for child support

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Answered on Nov 14, 2017

Yes, you can still file a Modification of child support if there is a material change in income and the new Guidelines would result in a change in the amount of child support. Bear in mind that there is an issue as to whether the fact of your workers compensation payments not being taxed results in a same or higher income on your end.
View Details »

Q: Is there a limit of hours an adult is allowed to work? Is a job responsible after shift has ended (ex: car accident)?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Nov 13, 2017

Basically, with few exceptions such as a Truck Driver, there is no limit on the number of hours an adult employee is allowed to work. There are conditions and limitations on an employer's right to force overtime, although most hourly employees like a little overtime.

As to the responsibility of an employer for an employee being in an auto accident, that is a little more complex. However, generally an employer is not responsible for an employee's actions once they sign out. There may be...
View Details »

Q: I have full custody of my son. Physical and legal. He has court ordered supervision only a few hours on Sunday. Ive

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Nov 10, 2017

Hello, you can file a modification of the visitation orders although you have not stated that father has been missing visitation or is abusive or neglectful or poses a risk to the child's safety or well-being either. If the child is truly having a problem with the visits you should have him seen by a therapist for the child to address his relationship with his father.
View Details »

Q: Hello, Me and my GF are planning on getting married. She's 19, Im 23. Can she sponsor my green card ?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Nov 9, 2017

Yes. She can file an immigration visa petition for you, and you can apply for a green card at the same time. You have to be married to do this.
View Details »

Q: My ex-husband hasn't seen my children for 11 years. Can my boyfriend have custody if I die?

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Nov 8, 2017

There is step parent adoption which if there were a marriage situation would be the best solution. Otherwise, you should try to gain sole custody of the children and name your boyfriend as their guardian in your Will. This is not fool proof but the alternative solution as the Court would usually be awarding custody to the living parent and a Guardianship petition would need to be filed by boyfriend int he event of your death during their minority.
View Details »

Q: Hello! I didn't explain in detail my last question. My house is set up in a real Estate trust, and their is an executor

1 Answer | Asked in Estate Planning, Elder Law and Probate for Massachusetts on
Answered on Nov 8, 2017

You can file a Removal Petition and Request to be appointed successor and also file an Equity complaint which would include the Trustee and the Foreclosing bank explaining to the Court that the Trustee should be ordered to pay the mortgage or act to sell so as not to loose the corpus. These are complex matters with expense involved for filing and proceeding and you should do your best to hire counsel.
View Details »

Q: Hi! My gramps passed away a year ago, and in his trust, he put me down as the beneficiary for the home I live in. The

1 Answer | Asked in Elder Law and Estate Planning for Massachusetts on
Answered on Nov 8, 2017

Hi, why do you need an executor when you have a trust? Trust governs distribution of the house of house is part of the trust.

You need an attorney to review the trust document. I suggest you get a phone consultation at least. Feel free to call my office.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859...
View Details »

Q: What steps should I take to regain custody of my son? Aside from court forms what details should I include?

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Nov 7, 2017

You should immediately file a Motion to vacate the order along with an Affidavit of what took place based on the attorney not having been present and your understanding that the court date had been continued.
View Details »

Q: Wife and I divorced years ago. My son is 19. Can I get sole custody? Ex seems to be having a breakdown.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for Massachusetts on
Answered on Nov 7, 2017

If your son is not disabled then there would not be a custody situation involved as he is over the age of majority.
View Details »

Q: can i request that my child not ride with his grandfather who has severe alcohol induced neuropathy.

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Nov 7, 2017

Yes, certainly that would be a risk to their safety and well-being and allowing this to occur could well be neglect . You should go over the details of why this is occurring during visitation?? I am assuming you and father are not together and that either divorce or paternity Judgment exists or there are temporary orders. If the case has gone to Judgment then there needs to be a discussion on Modification or reviewing temporary orders due to this circumstance as soon as possible.
View Details »

Q: I wanted to know if employers could see my health records when i apply or want a job and how much can they see.

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Nov 7, 2017

Unless you grant them permission to look at your health records they are not entitled to see them. I am not sure what you are concerned about, but you cannot lie on a job application. For jobs that require security clearance, the entity which checks your history for security clearance may be able to find out if you were ever in drug rehab or had other disqualifying health problems. Likewise, if the job you are applying for requires certain health conditions to be met, such as passing a...
View Details »

Q: I'm a green card holder, my wife is a F1 student in US. We married BEFORE I got GC, so can we file I-485 for her GC?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Nov 6, 2017

Good afternoon,

Thank you for reaching out to me and I am happy to assist you. If you are a permanent resident, you call file for an adjustment of status for your wife. Please consult with an immigration attorney before you do.

Ismail Mohammed
View Details »

Q: Custody rights between unwed couple in Massachusetts when mother is presently in rehab & father has walked out twice.

1 Answer | Asked in Child Custody for Massachusetts on
Answered on Nov 6, 2017

Did anyone petition the Probate Court for guardianship of the child? Waiting until the child has been out of state more than 6 months will be a problem and letting the child be taken without seeking the involvement of the Court was not a good plan and it will be more difficult for you to seek guardianship. Did mother of the child assent to the father taking the child? Was DCF involved? You should seek counsel as soon as possible to prepare documentation and your concerns about his ability to...
View Details »

Q: Can I move custody hearings from Massachusetts to another state?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Answered on Nov 6, 2017

Custody and visitation issues are Virginia issues if the child has been there for 6 months or more. If he still lives in Massachusetts the support issues are Massachusetts issues.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.