Having parenting time “overnight” usually means having the children from no earlier than suppertime at 5 or 6 (so the children may have supper with mother) until no later than breakfast or the time the children leave for school the next morning.

Either way that mother is not keeping the... View More

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

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

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!

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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

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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

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

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

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answered on Nov 5, 2025

You have a credible basis to seek a modification of the 2018 order. In Massachusetts, a court modifies if the existing order is inconsistent with the current Child Support Guidelines or if circumstances have materially changed, and a shift toward approximately equal parenting time with comparable... View More

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answered on Nov 5, 2025

If the court has already suspended the mother’s parenting time because of her failed alcohol tests, that suspension will generally stay in effect until the next court date or until a judge orders otherwise. Courts in Massachusetts take substance abuse issues seriously, especially when it affects... View More

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answered on Nov 5, 2025

That must be very frustrating, especially when you’ve done everything right and the court order seems clear about what should happen. In Massachusetts, probation officers are responsible for monitoring compliance with court orders, but they do not have the authority to change or reinterpret those... View More

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answered on Nov 4, 2025

It’s good that you’re thinking ahead about this, especially since custody laws can vary from state to state. Because your original custody order was issued in Massachusetts, that state retains jurisdiction over the case until a court officially transfers it. Even if the other parent doesn’t... View More

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answered on Oct 23, 2025

When legal issues involve sleeping arrangements, the steps you take depend on the context — whether it’s related to child custody, shared housing, or safety concerns. If it involves children, courts focus on what is in the best interest of the child. You should document the living conditions,... View More

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answered on Oct 14, 2025

In Massachusetts, the Probate and Family Court decides custody on the children’s best interests and present parental fitness, and your nine months of clean screens, stable support, and your sister’s endorsement weigh heavily in your favor. The mother’s recent positive hair test for cocaine... View More

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answered on Oct 9, 2025

Your progress over the past nine months is a strong step toward regaining custody, and the court will take that into serious consideration. In Massachusetts, the judge’s main focus is always the best interest of the children and whether you can now provide a stable, safe, and consistent home.... View More

A Temporary Parenting Schedule Order may modifiable if you can show:

There is a material and substantial change in circumstances since the Temporary Order.

On your own, if you choose to forego an attorney, even an LAA attorney, you may file a Motion To Modify Temporary Parenting... View More

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answered on Oct 3, 2025

Courts generally understand that a “default positive” hair test due to short hair is not the same as an actual confirmed positive drug result. What usually matters is the overall pattern of testing and whether you can show consistent clean results over time. Since you have eight months of clean... View More

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answered on Oct 3, 2025

In a custody case, the court looks at the bigger picture of a parent’s history and conduct, not just a single moment in time. An initial positive drug test, especially when it shows both THC and cocaine, will not simply be erased if a later test comes back clean. The first result is part of the... View More

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answered on Sep 29, 2025

In Massachusetts, parents have the primary legal right to custody of their children unless a court orders otherwise. Since your granddaughter and her husband are both living, their consent is needed if you want temporary custody of the newborn. Without their agreement, the court will generally not... View More

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answered on Sep 12, 2025

In Massachusetts, DCF can file a new petition to terminate parental rights even after a prior ruling, but the court will carefully review whether the new petition is justified. If the previous judge already decided to maintain your parental rights, the new petition must show a significant change in... View More