My kids live with me the dad is barely involved in their life but he said he will fight it in court
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 »
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 »
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... Read more »
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 like... Read more »
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.
I would like to know how and what I can do if I feel there is child alienation from father to me mother
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 Court... Read more »
I am aware of the California case "Ed H. v. Ashley C." But have been unable to find anything in Massachusetts.
There is a petition for grandparent visitation and the statute speaks with regard to grandparents having visitation rights under certain circumstances .
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
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.
The mother moved to Maine without telling the father who lives in Massachusetts. The court said she has to move back to Massachusetts. She recorded a video of the children crying and screaming really upset after she told them that the court decided they were moving back to Massachusetts and sent it... Read more »
Hello, This fact presentation calls the mother's judgment into question, certainly. It is not per se 'illegal' but her conduct appears to be not in the children's best interests from what you have stated. It certainly is worthy of informing the Court that this has taken place.
If the father lives in New Hampshire and the mother lives in Massachusetts would there still be a possibility of 50/50 or would the court want the child to reside in one state? The child was born in Massachusetts and has spent a total of 4 months living in nh throughout the last 16 months due to... Read more »
Generally for share physical custody the parties would even be living in the same town. The best interests of the child are the standard , and there also needs to be a domicile state for the child.
Corporal punishment is not a favorable method and may be considered abuse or neglect especially if it is not a singular isolated instance and is a practice. The child could be harmed physically and emotionally. Consult your child's pediatrician on potty training techniques.
Our agreement states he is to have custody certain days and hours. He often doesn’t take him at all with little or no notice. It is effecting my job. He also does not cover his half of medical or other expenses. My son has some health issues and this expense can be a lot. I can’t afford an... Read more »
It appears that he is in Contempt of your agreement if it was embodied in a Court Order or Judgment. If so, you can file a Contempt Complaint and also a Modification petition of Visitation and also potentially of Child Support if your child's health issues will be ongoing for a significant period... Read more »
12 years ago my girlfriend left me and moved away with the child. No idea where. She remarried, had another child, did the same thing to him. He reached out and we tried to track her down unsuccessfully. Found out from him that he left her after she became an addict. She's also been committed for... Read more »
You need to establish paternity as it appears you have not done so before. You will also need to seek custody and cooperate with the DCF. I urge you to engage counsel ASAP.
In doing so i realized my parents are now alcholics and they verbally abuse me and have outrageous standards and rules for me....I pay child support.....i pay for them for taking care of my son (who i want back mind you) but I am trying to get out of fighting them i want them to just give him to... Read more »
Is this a guardianship of minor case? If so then you can petition the Probate Court and if you are indigent you can also request counsel be appointed on your behalf.
Both parents mutually agreed that our 16 year old would move to New York and enroll in schooling. We cannot agree on a modification of support. Is there a way to have the support (and custody) modified without having to appear in court or hire a lawyer? The process seems fairly straight forward... Read more »
There should be a Joint Modification Petition and Agreement and Financial Statements of both parties and if the MDOR is involved they need to be notified as well. You can go on the state website for the forms. Child support should be under the child support guidelines which are driven by the... Read more »
Oldest child is not biological but have been there since she was born shes my daughter mother gets support from biological dad but i wabt to nake sure support is for all 3 kids
Child support is determined by application of the Child Support Guidelines and you are not under legal obligation for the child who is not your biological child.
Daughter is 16 years old.
Hello, yes, you should file a Modification proceeding and a Motion for Temporary Orders seeking primary physical custody of the child and if granted, then you would be entitled to child support from the other spouse.
Step mother is being verbally and physically abused by the her oldest step son. Father wants to get him psychological help for these issues but the mother isn't cooperating. Child lives 3 hours away in another state. What are the father's rights to getting his son the help he needs?
You have not stated the age of the child. If he is a minor and if father has joint legal custody then he can seek a Modification for Medical decision-making authority based upon mother's refusal to deal with the aggression . You would need a Petition for same and a Motion for Temporary Orders as it... Read more »
As a child I was part of a very intense custody battle. The case has since been sealed but my mother has a copy. Can I legally read the documents If I’m given permission by my mother to read the documents she possesses and the case pertains to me?
Was there an impoundment order? The parties and their counsel
would have access to information in the file. The file is not public
so there should be no dissemination of the contents without a
vacating of the impoundment order. So if you have concerns then
you should... Read more »
The investigation should be done by a guardian ad litem appointed by the Court or a Probate Court Probation officer. Therefore, your counsel should bring forward a Motion for same.
(Mass General law Chapter 265, Section 25 governs extortion.) ... Extortion is a criminal offense whereby an individual obtains property or money by any type of force and threats of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action.
Mother is... Read more »
Putative father should rather than get into the nuances of whether there may be a criminal proceeding instead bring forward a Paternity action in the Probate Court where the child is born/living to establish paternity and seek visitation as well as child support orders.
The girlfriend’s mother does not give her any child support she gets from her father. Girlfriend’s mom gets snap benefits and child support and refuses to give the daughter any money. I been supporting this 16 year old.
To obtain a support order you would need to be appointed the girlfriend's guardian first.
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