Massachusetts Questions & Answers by Practice Area
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Massachusetts Questions & Answers
Q: How long can someone get child support after child is returned from DCF custody even if they still have temp custody
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Massachusetts
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
Q: my wife went back home to canada after 88 days of marriage. how do i go about getting a divorce from her
Lillian J. LaRosa's answer
Ok so she was living in Massachusetts with you and then left with the children after less than 3 months. Sounds like a Canada case particularly if the children have been in Canada for over 6 months.
Ok so she was living in Massachusetts with you and then left with the children after less than 3 months. Sounds like a Canada case particularly if the children have been in Canada for over 6 months.
Q: Divorce between US and Canada
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Massachusetts
on
Answered on Sep 22, 2016
Answered on Sep 22, 2016
Lillian J. LaRosa's answer
How long have you been in Massachusetts and did husband live in Massachusetts at some point? There are complicated jurisdictional issues and I urge you to make an appointment with a lawyer to go over all of the facts.
How long have you been in Massachusetts and did husband live in Massachusetts at some point? There are complicated jurisdictional issues and I urge you to make an appointment with a lawyer to go over all of the facts.
Q: Can I sue for child support?
Lillian J. LaRosa's answer
You can seek child support for the child and the DOR can help you with this issue.
You can seek child support for the child and the DOR can help you with this issue.
Q: i have a paper signed from my sister given me permanent to temporary custody of my nephew she wants to leave with him
Lillian J. LaRosa's answer
You should seek appointment by the probate court under a guardianship of minor petition and also seek temporary guardianship via emergency Motion with supporting information. She may assent to a petition , but be ready if she decline to do so. Also,where is child's father? Father also would need to be informed and potentially would assent.
You should seek appointment by the probate court under a guardianship of minor petition and also seek temporary guardianship via emergency Motion with supporting information. She may assent to a petition , but be ready if she decline to do so. Also,where is child's father? Father also would need to be informed and potentially would assent.
Q: I live in mass and plan to give birth here but my boyfriend lives in new York, if we broke up could he get 6 month visit
Lillian J. LaRosa's answer
The laws of Massachusetts govern the child upon birth and unless you move to New York, then their laws don't apply. Suitable visitation is an issue for the Massachusetts probate courts.
The laws of Massachusetts govern the child upon birth and unless you move to New York, then their laws don't apply. Suitable visitation is an issue for the Massachusetts probate courts.
Q: If def in a Divorce summons disagrees with irretrievable breakdown reason, can/should def counter file?
1 Answer
| Asked
in
Child Custody, Divorce and Family Law
for
Massachusetts
on
Answered on Sep 20, 2016
Answered on Sep 20, 2016
Lillian J. LaRosa's answer
The focus should be on the effects on the children of plaintiff's conduct and the adultery is not so much of a concern to the Court from my experience.
The focus should be on the effects on the children of plaintiff's conduct and the adultery is not so much of a concern to the Court from my experience.
Q: Is DCF reqrd to file w police and have criminal charges brght against an adult emp that inappr touched a minor in a gr
1 Answer
| Asked
in
Criminal Law, Family Law, Child Custody and Juvenile Law
for
Massachusetts
on
Answered on Sep 20, 2016
Answered on Sep 20, 2016
Lillian J. LaRosa's answer
Even if the department didn't , if you learn of a minor being abused you can contact dcf and the police.
Even if the department didn't , if you learn of a minor being abused you can contact dcf and the police.
Q: Is there any way to over turn a power of attorney when it is being abused?
Lillian J. LaRosa's answer
If she is competent she can revoke a power of attorney. An attorney can prepare a revocation and then if there are assets that have been used wrongly and/or aunt will not account for what was done with funds in her care and control there may be a proceeding against aunt, also. Consult a probate attorney or elder law attorney.
If she is competent she can revoke a power of attorney. An attorney can prepare a revocation and then if there are assets that have been used wrongly and/or aunt will not account for what was done with funds in her care and control there may be a proceeding against aunt, also. Consult a probate attorney or elder law attorney.
Q: I have been in a custody trial for 10 months final trial date in a month and my ex wants to hire a lawyer can she? MASS
Lillian J. LaRosa's answer
The Court may determine that a continuance of the trial should be granted depending on a number of facts and the Court's opinion of whether merely a delay is sought.
The Court may determine that a continuance of the trial should be granted depending on a number of facts and the Court's opinion of whether merely a delay is sought.
Q: My father passed 4 months before his mother. Will my stepmother or his children receive his inheritance
Lillian J. LaRosa's answer
Did his mother leave a Will? She may have taken his death into consideration and made plans to benefit her other children, for instance. Normally your stepmother would not be involved unless your grandmother? ( his mother ) provided for her in her Will . You would potentially have an inheritance with his other children "stepping into his shoes" if she did not leave a Will.
Did his mother leave a Will? She may have taken his death into consideration and made plans to benefit her other children, for instance. Normally your stepmother would not be involved unless your grandmother? ( his mother ) provided for her in her Will . You would potentially have an inheritance with his other children "stepping into his shoes" if she did not leave a Will.
Q: My son was adopted at age 33. He passed away and now I was told I have no legal rights is this true?
Lillian J. LaRosa's answer
I guess you are his father? It also depends when he was adopted and when he died. The laws have changed in Massachusetts over the years.
I guess you are his father? It also depends when he was adopted and when he died. The laws have changed in Massachusetts over the years.
Q: I am a pain patient with an exemplary personal record with my physicians. Due to a billing glitch he is not getting paid
Peter Munsing's answer
Contact the insurance commissioner. You can't force the doctor to see you. It's on you to resolve it. Insurance company is correct except that you have probably signed a paper with the doctor that says that you are ultimately responsible to pay.
Find out from the insurance what piece of magic paper they need. Ask the doctors office to give that.
Contact the insurance commissioner. You can't force the doctor to see you. It's on you to resolve it. Insurance company is correct except that you have probably signed a paper with the doctor that says that you are ultimately responsible to pay.
Find out from the insurance what piece of magic paper they need. Ask the doctors office to give that.
Q: What steps do I take to bring intentionally perjured affidavits to courts attention.
1 Answer
| Asked
in
Criminal Law, Child Custody and Domestic Violence
for
Massachusetts
on
Answered on Sep 18, 2016
Answered on Sep 18, 2016
Paul Stanko's answer
Bring the perjured statements to your attorney's attention. He or she could use them to impeach the testimony of the witnesses who perjured themselves.
Bring the perjured statements to your attorney's attention. He or she could use them to impeach the testimony of the witnesses who perjured themselves.
Q: My company did not follow procedure And had me work on blocking That was contaminated With asbestos. What should I do.
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Massachusetts
on
Answered on Sep 17, 2016
Answered on Sep 17, 2016
Peter Munsing's answer
Make sure you find out who made the asbestos--if you can safely get a sample do that. You need to consult an attorney who handles workplace injuries and is a member of the Mass Academy of Trial Lawyers--they give free consults.
Make sure you find out who made the asbestos--if you can safely get a sample do that. You need to consult an attorney who handles workplace injuries and is a member of the Mass Academy of Trial Lawyers--they give free consults.
Q: Are members of the Governors Council allowed to continue to practice law in court while serving on the Gov Council?
1 Answer
| Asked
in
Gov & Administrative Law and Legal Malpractice
for
Massachusetts
on
Answered on Sep 16, 2016
Answered on Sep 16, 2016
Peter Munsing's answer
Yes. For that matter legislators, others may. Can they engage in private practice is the question--generally yes unless they are subject to civil service or other restrictions.
Yes. For that matter legislators, others may. Can they engage in private practice is the question--generally yes unless they are subject to civil service or other restrictions.
Q: What rights do I have as a new car buyer?
Peter Munsing's answer
Find out why they say it can't be fixed under warranty--ask if there is a technical service bulletin. Write a letter to the President of Subaru of America (seriously, they sometimes react and then dealer hears it from above). Get a free consult from a member of the Mass Academy of Trial Lawyers who handles lemon law (MagnusonMoss ) cases. MGL 93A may hep you--don't know it's application to vehicles. .
Find out why they say it can't be fixed under warranty--ask if there is a technical service bulletin. Write a letter to the President of Subaru of America (seriously, they sometimes react and then dealer hears it from above). Get a free consult from a member of the Mass Academy of Trial Lawyers who handles lemon law (MagnusonMoss ) cases. MGL 93A may hep you--don't know it's application to vehicles. .
Q: I had a injury claim denied and years later my injru has prevented me from certain work.is company liable?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Massachusetts
on
Answered on Aug 16, 2016
Answered on Aug 16, 2016
Peter Munsing's answer
Start by seeing a member of the Mass Academy of Trial Lawyers who handles comp. That is about all you can do.
Start by seeing a member of the Mass Academy of Trial Lawyers who handles comp. That is about all you can do.
Q: Business liability, am i liable?
Peter Munsing's answer
Possibly, more likely they would have a claim but the defense would be they weren't realy "business invitees" but trespassers.. Are the savings worth it to them? Sounds like a lot of hassle for a few bucks off. Also if anyone asks you could have your card hiked per terms of agreement.
Possibly, more likely they would have a claim but the defense would be they weren't realy "business invitees" but trespassers.. Are the savings worth it to them? Sounds like a lot of hassle for a few bucks off. Also if anyone asks you could have your card hiked per terms of agreement.
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