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Massachusetts Child Custody Questions & Answers
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
Massachusetts
on
Q: Will withholding child from father affect child support case?
I recently left my son's father and moved back to Massachusetts. We were never married. I've raised concerns about a bunk bed he bought for our two-year-old son, but when I asked to see a picture for safety reasons, he insulted me. He has violent tendencies, although never physical with... View More 
Lissa McKinney
answered on Feb 17, 2025
answered on Feb 17, 2025
Situations like this are best managed in Court, so the boundaries are clear. You may be afraid, but the real question is whether you have a real fear of harm to your child as a result. If he has never harmed the baby and offers responsible care, you might look bad for refusing the parenting time.... View More
Q: I’m currently paying child support monthly and my son lives with me full time Cory made it a hassle to stop amicably
Me and the mom are no longer getting along and she refuses to return the child support money to me even though my son lives with me and she only takes him about a day or two per month. we filed for the child support to stop (when we were getting along) but the court rejected it what can/should I do!
Brian Waller
answered on Jan 24, 2025
answered on Jan 24, 2025
You should file a Complaint for Modification with the court ASAP. You can ask for child support to be adjusted retroactively, but the court can only go back to the date that the other party was served with the summons on your Complaint for Modification. If you go to the courthouse and ask for the... View More
Q: Does a parent with sole, physical, legal custody need the other parents permission to move out of state?
I want to move to NC and have sole, legal, physical custody of my 2 children. Their father is not active in their lives and has not seen or talked to them in over a year.
Thomas J. Percy
answered on Jun 25, 2024
answered on Jun 25, 2024
Almost certainly yes, but there are many variables to discuss and consider as you plan your path forward. Feel free to contact our office to see if we may be able to become engaged as your attorney and give you the guidance needed for you to move ahead with making plans 508-828-1900. Ty!
1 Answer
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in
Immigration Law, International Law, Family Law and Child Custody
for
Massachusetts
on
Q: Can an International Student get Emancipation in the United States?
I am a 16 year old from Pakistan in the US under a student visa. I study at MIT and currently live on campus in Boston, MA. Can I get Emancipated as my home country Pakistan doesn't have defined laws for emancipation? I have a full time job and I also Invest in Stocks and Shares. I also want... View More
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James L. Arrasmith
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answered on Jun 3, 2024
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answered on Jun 3, 2024
As a 16-year-old international student from Pakistan on a student visa, getting emancipated in the United States can be challenging. Emancipation laws vary by state, and in Massachusetts, where you are studying at MIT, minors can petition for emancipation under certain conditions. You must... View More
1 Answer
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in
Child Custody, Domestic Violence, Family Law and Immigration Law
for
Massachusetts
on
Q: Can a single parent gain citizenship for themselves and their child without the other parent being involved due to dv?
Fleeing a violent and dangerous situation. A mother and daughter coming to the US would like citizenship and to become legal citizens. They are concerned as the father may not allow. Do they need to prove the DV situation or can they seek asylum?
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James L. Arrasmith
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answered on May 17, 2024
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answered on May 17, 2024
In situations involving domestic violence (DV), a single parent may be able to gain citizenship for themselves and their child without the other parent's involvement. However, the process and requirements can vary depending on the specific circumstances and the country they are seeking asylum... View More
Q: If I flee d.v. from my husband and leave the home with our son can he call the police on me for kidnapping?
I do have photos of marks and bruises from assaults
over the last few months emailed secretly to a 2nd account but it's escalating and I'm scared for our safety but he's threatening me with police and has threatened my life if I leave with our sob
Brian Waller
answered on Apr 9, 2024
answered on Apr 9, 2024
Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More
Q: I have primary physical custody of my daughter, mom has joint. Mom gets daughter fri-Sun and refusing to return Now what
Mom posted on Facebook Thur she was looking for a custody attorney. Daughter went for her weekend visit and mom is now refusing to return daughter. Claiming my daughter is scared to come home because daughter supposably said I hit her. (Which I didn’t). She is court ordered to return my daughter... View More
Lillian J. LaRosa
answered on Dec 4, 2023
answered on Dec 4, 2023
If the allegation is untrue then a Contempt Complaint and Emergency Motion for Orders to Return the child and Affidavit in Support could be filed by you and perhaps also seeking the appointment of a Guardian Ad Litem to investigate and report to the Court with respect to what is happening with the... View More
Q: Can I appoint a family member as a proxy during my custody time while abroad?
I am a single mother in a 50/50 custody arrangement with my child's father in Massachusetts. I am planning to travel out of the country temporarily for 2.5 weeks. Our custody agreement is vague and does not specify what happens when one parent is unavailable. I prefer my child to spend 1 week... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
In Massachusetts, during your designated custody time, you generally have the right to decide who supervises your child in your absence—unless your court order says otherwise. However, appointing a third party like a relative for an extended period, especially when the other parent objects, can... View More
Q: Can a mother enforce supervised visits and restrict overnights without specific court order?
In a family court order regarding parenting time, the order states that "each parent shall have parenting time at the discretion of the guardian." Previously, visits needed to be supervised until both parents provided clean drug tests, which they did in March. Since then, the court... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
Under the plain language of your order—“each parent shall have parenting time at the discretion of the guardian”—no automatic requirement for supervised visits or prohibition on overnights survives once the guardian has determined those restrictions are no longer needed.
Because the... View More
1 Answer
| Asked
in
Domestic Violence, Child Custody, Landlord - Tenant, Family Law and Real Estate Law
for
Massachusetts
on
Q: Can my husband kick me out of our jointly owned house and keep our baby in Massachusetts amidst verbal abuse?
I live in Massachusetts, and my husband has been verbally abusive and neglectful towards our baby. We jointly own our property. Currently, there is no legal custody agreement in place. I have tried to communicate with him, but it hasn't worked. Tonight, he wants to invite a lot of people to... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
In Massachusetts, since you both jointly own the home, your husband cannot legally kick you out without going through the proper legal process, such as eviction. Even though there is no formal custody agreement, you both have equal rights to the property. However, if the verbal abuse and neglect... View More
Q: What are the rights of each parent with temporary 50/50 legal custody in MA after overcoming past issues?
I temporarily have 50/50 legal custody of my child, but physical custody is reserved for a pre-trial since my child's father was given sole custody due to my past drug abuse. I have since become clean, stabilized my life, secured a job, and have my own apartment. Now that we have temporary... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
It’s incredibly important and powerful that you’ve made progress in your life, and your efforts to rebuild that relationship with your child do not go unnoticed. In Massachusetts, with temporary 50/50 legal custody, both parents have equal rights when it comes to making major decisions about... View More
1 Answer
| Asked
in
Domestic Violence, Criminal Law, Child Custody and Family Law
for
Massachusetts
on
Q: Can father be prosecuted for child maltreatment for abuse during pregnancy in MA?
I was choked, pushed, and thrown on different occasions by my child's father in 2023 while I was pregnant. Fortunately, my daughter was born healthy without any injuries. I filed a police report about the abuse a month ago, and there is an ongoing investigation. I have sole custody of my... View More
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James L. Arrasmith
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answered on Jun 7, 2025
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answered on Jun 7, 2025
I'm really sorry you had to go through such a terrifying experience. It’s understandable that you're worried not only about your own safety but also how the law views what happened while you were pregnant. In Massachusetts, current laws do not recognize a fetus as a separate victim for... View More
1 Answer
| Asked
in
Child Custody, Landlord - Tenant, Family Law and Real Estate Law
for
Massachusetts
on
Q: Can a 17-year-old live with a sibling in Boston with parental permission?
Can my 17-year-old daughter move to live with her 22-year-old sister in Boston, MA? My 22-year-old daughter is working for a company in Boston and will move there in June. My 17-year-old wants to live with her and attend public high school in the area. Is parental permission and caregiver... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
In Massachusetts, a 17-year-old can live with an older sibling with parental permission, but there are some important considerations to keep in mind. As a minor, your daughter will still be under your legal guardianship, and while you can give permission for her to live with her 22-year-old sister,... View More
Q: Am I required to pay child support if my teen is placed with DCF in MA?
In Massachusetts, my 15-year-old teen has a CRA (Child Requiring Assistance) due to mental issues and defiance. If I inform probation that I cannot manage her, and they place her with DCF (since her father has passed), will I be required to pay child support to the state or her new guardians? I am... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
If your teen is placed with the Department of Children and Families (DCF) in Massachusetts, the situation regarding child support can depend on several factors. Typically, if your child is placed in the care of DCF, the state will step in to provide for her needs, and you may still be responsible... View More
Q: What happens if I'm taken out of my mother's custody at 15, with no father custody?
I'm 15 and my mother has full custody of me while my father has no custody rights. If I'm taken out of my mother's custody and there are government agencies involved, what are the likely steps that will follow for my custody arrangement?
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
If you're removed from your mother's custody at 15, and your father doesn't have custody rights, the state or a child welfare agency will likely step in to figure out where you can safely live. The first thing they'll do is try to place you with a relative, like a grandparent,... View More
Q: Seeking pro bono lawyer to revise custody and support agreement in MA.
I am a single mother seeking a pro bono lawyer to help me in court to revise my child support and custody agreement. My child's father, whom I consider a narcissist, currently pays child support that is too low to meet our needs, and he has custody on weekends while I have none. There have... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
I understand how difficult it must be to navigate custody and support issues while trying to make sure your child's needs are met. In Massachusetts, there are a number of resources that offer free legal assistance for individuals in situations like yours. You may want to start by contacting... View More
1 Answer
| Asked
in
Immigration Law, Child Custody, Civil Rights and Family Law
for
Massachusetts
on
Q: Seeking legal protection and custody advice in unstable marriage due to threats and racial hostility.
I am a Nigerian immigrant with a 10-year green card expiring in 2033, married to an American citizen, and the father of a nearly two-year-old son. My marriage has become unstable, marked by my spouse's threats to expel me from our home, including one real incident. Additionally, I face racial... View More
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James L. Arrasmith
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answered on Apr 5, 2025
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answered on Apr 5, 2025
First, your safety and your child's well-being come first. If your spouse is threatening you or has forced you out of your home, you can contact local authorities or a family court to seek a protective order. This can help prevent future incidents and give you legal grounds to stay in the home... View More
Q: Motion to get custody and change the supervisor visitation parenting time
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James L. Arrasmith
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answered on Dec 3, 2024
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answered on Dec 3, 2024
When seeking to modify custody and supervised visitation arrangements in Massachusetts, you'll need to file a modification complaint with the court that issued your original custody order. You'll have to demonstrate that there has been a material change in circumstances since the last... View More
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Family Law and Child Custody
for
Massachusetts
on
Q: How do I fight false allegations made against me by DCF? I didn't get a fair hearing to challenge their false allegation
I would like to share that my son was born on July 11th and the involvement of DCF started when I discovered the mother's drug use during her pregnancy. Due to my daily work commitments, DCF worker Michelle Fraiser asked if I could take immediate custody of my son, to which I agreed but... View More
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James L. Arrasmith
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answered on Jan 26, 2024
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answered on Jan 26, 2024
In your situation, fighting false allegations made by the Department of Children and Families (DCF) in Massachusetts requires a proactive and informed approach. First, ensure that you have a clear understanding of the specific allegations against you. This information is crucial for forming an... View More
Q: I live in Massachusetts and have a divorce agreement that states I have to breathalyze for my ex husband at 7am and 3pm
I did not do it this passed weekend. Can he take my children away?
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T. Augustus Claus
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answered on Oct 3, 2023
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answered on Oct 3, 2023
If your divorce agreement includes specific requirements like breathalyzer tests and you fail to adhere to them, the other parent might use this as a basis to request a modification of custody or visitation arrangements. However, taking the children away would typically require a court order. If... View More
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