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Massachusetts Adoption Questions & Answers
2 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Massachusetts on
Q: What are the steps and requirements needed to terminate my son's father's parental rights in Massachusetts?

My son is 15 months old, and his father has made no effort to see him or even ask how he's doing since I left him when my son was less than 3 months old. I've reached out multiple times with opportunities for visits with no response from him. He has my facebook blocked and has a new number so the... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 17, 2019

If you were divorced did you have a reference to custody and visitation in the agreement or in the Judgment post trial? If this is an unmarried parents Judgment of paternity or custody and support, then the issue of what custody there is would be addressed in that agreement and Judgment. You would... Read more »

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1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Q: What are our chances of my husband adopting my son as his legal stepchild. As well as what are the steps we need to take

I have an 8 year old son from a prior relationship, his biological father has not seen or spoken to him in about 6 years. I was just recently married but before marriage my husband has been supporting my son for the past 5 years while we were in a relationship. The biological father does not keep... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 17, 2018

If there are no issues involving the step father there are no chances working against you and then quite possibly biological father would be willing to consent to the adoption. You can still proceed with the adoption petition if he does not consent but it would be a longer time frame, and judging... Read more »

1 Answer | Asked in Adoption, Family Law, Child Custody and Child Support for Massachusetts on
Q: I just found out i have a 9 year old daughter. Recently did a paternity test. What are my rights ( if any ) ?

I recently did a paternity test & found out i have a 9 year old daughter. However the mother isn’t allowing me to be a part of this child’s life. Given how sensitive the situation is, i understand her concern. But she originally agreed then disagreed. Plans on moving out of state too. The... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 22, 2017

Without "going to Court" you do not have any legal rights as in paternity cases the presumption is that the mother has sole custody. Therefore, if you are interested in obtaining visitation rights you will need to involve the Court. You also will be responsible for child support and this would go... Read more »

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Massachusetts on
Q: My ex-husband moved away when our children were young, what grounds does my new husband have?

My new husband has been their primary caregiver since my daughter was 3 and my son was 1.5, I am having a will written, (4 + years as of right now) would my husband have any grounds to keep the children should something happen to me? I would like the verbiage to read for them to stay in our home... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 23, 2017

The best way to deal with the biological father not potentially having custody of the minor children at your death would be to see if he would agree and your husband would agree to a step parent adoption. If the children are older than 14 then there should also be input from them as to their... Read more »

1 Answer | Asked in Adoption and Family Law for Massachusetts on
Q: Is it possible to have a restaining order on bio mom even though we are in the middle of the adoption?

I'm in the middle of adopting my 2 step kids (ages 8 and 7) who were horribly abused by their stepfather and mother. The mother has already lost her youngest through adoption because of the abuse. However, the kids mother has a horrible rage that she will literally go after people and has done so... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 26, 2017

I see no problem, generally, with requesting such a restraining order. You may need to hire a lawyer as the issues may be too complex for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself.... Read more »

1 Answer | Asked in Adoption, Family Law and Juvenile Law for Massachusetts on
Q: Im 16 years old in MA, what are my best options of leaving my house? that can not get in legal trouble, of course.
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 2, 2017

You'd have to file for emancipation in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... Read more »

1 Answer | Asked in Adoption and Family Law for Massachusetts on
Q: my husband who has raised our daughter his step daughter would like to adopt her how can we do this????

My daughter's birth father is out of state abusive and a criminal and has never been in my daughter's life but doesn't want to give up his parental rights..My husband has raised my daughter ( our daughter) what do we do???My husband is trying to adopt our daughter.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 28, 2017

You'd have to file to terminate the biological dad's parenting rights, and he may object to that.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation...
Read more »

1 Answer | Asked in Adoption and Family Law for Massachusetts on
Q: My ex husband and his fiancé have both emailed me asking me to allow adopting of my kids. How does this benefit them?

I am a recovering alcoholic, I've already signed custody during when I was at my worst, can they use this against me?

Can they "force" me to give up my kids for adoption?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 24, 2017

They cannot force you, but they can file a motion in court requesting to terminate your parental rights. You could object in court to that. You may file for new custody/ visitation rights.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to...
Read more »

1 Answer | Asked in Family Law and Adoption for Massachusetts on
Q: What are the requirements for me to get custody of my fiance's daughter

The mother of the child got arrested in California DCF to custody they contacted my fiance to take a DNA test I am his beneficiary and take care of all his stuff he wants me to take custody of the child cuz I also have four other children so I was just wondering what the requirements are for me to... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 1, 2017

Typically there is no basis for custody by a non-biological parent unless there is a termination of parental rights ordered by a court followed by a legal adoption. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Animal / Dog Law, Family Law and Adoption for Massachusetts on
Q: Adopted a cat with ex My name on contract but His is the only signature do I have right to see the cat?

I had gone back and gotten copy of the adoption papers they have no signature on file plus I am listed as the primary with her vets. He had a romantic interest who works with dogs look over the papers and she says he is in the right but I still believe that I have rights to see the cat as well.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 23, 2016

Your claim to ownership would depend on any agreements between you and your ex re: the cat and whether your ex gave you ownership rights of the cat at any point. As for visitation rights, unless they're agreed to in some contract with your ex or are ordered by a judge as part of some rarified... Read more »

1 Answer | Asked in Adoption and Probate for Massachusetts on
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
Lillian J. LaRosa answered on Sep 20, 2016

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.

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