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Massachusetts Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: My Ex has been keeping me out of childs life since i was 14 with dcf threat now that 18 come for CS. no custody agreemet

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Dec 5, 2019

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Hello I'm in a tough child custody situation. Falsely accused of neglect father took sole temp we had shared

I would like to know how and what I can do if I feel there is child alienation from father to me mother

Lillian J. LaRosa
Lillian J. LaRosa answered on Nov 25, 2019

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 »

1 Answer | Asked in Child Custody for Massachusetts on
Q: In Massachusetts is there a legal definition of a grandparent? Would a great-grandparent be considered a grandparent?

I am aware of the California case "Ed H. v. Ashley C." But have been unable to find anything in Massachusetts.

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 30, 2019

There is a petition for grandparent visitation and the statute speaks with regard to grandparents having visitation rights under certain circumstances .

1 Answer | Asked in Divorce and Child Custody for Massachusetts on
Q: My daughters therapist filed a 51a against my ex.for severe emotional abuse.do i still have to let her go on visits?

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

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 28, 2019

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.

1 Answer | Asked in Child Custody for Massachusetts on
Q: Is It legal to discuss details of an ongoing child custody case with the children ages 5 and 8?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 25, 2019

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.

1 Answer | Asked in Child Custody for Massachusetts on
Q: Is New Hampshire considered to be out of state for Massachusetts custody cases?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 18, 2019

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.

1 Answer | Asked in Child Custody for Massachusetts on
Q: Is it legal for a parent to “spank” a four year old with a hard wooden spoon to g t him to be potty trained ?
Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 7, 2019

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.

1 Answer | Asked in Child Custody for Massachusetts on
Q: Hello I am wondering about custody agreements. My exhusband doesn’t follow the agreed to schedule of custody.

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 3, 2019

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 »

1 Answer | Asked in Child Custody for Massachusetts on
Q: My ex lost child to CPS. I was contacted. How do I go about getting custody back from the state?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2019

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.

1 Answer | Asked in Child Custody for Massachusetts on
Q: My parents have had custody for 5.5 years.....alot of stuff has gone down but i recently moved in with my parents

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2019

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.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I have 2 children, one of which just moved in with me. I live out of state. How can I file a child support modificati

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 13, 2019

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 »

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I hace 3 kids not married have not gone to court i make $800 a week giving mother $500 a week she says not enough

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

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 9, 2019

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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: My spouse got physical custody of my daughter 10 yrs ago. My daughter wants to move in with me. Do I need a court order?

Daughter is 16 years old.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 30, 2019

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.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Massachusetts- Rights of the father to seek psychological help for his son, mom refuses. What can be done?

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?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 26, 2019

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 »

1 Answer | Asked in Child Custody, Divorce, Family Law and Legal Malpractice for Massachusetts on
Q: Can I legally read a sealed court case if my mother has a copy of the case and grants me permission?

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?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 24, 2019

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 »

1 Answer | Asked in Child Custody for Massachusetts on
Q: In a custody case, can opposing counsel interview a minor child
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 22, 2019

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.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Massachusetts on
Q: Mother tells father of unborn child (3.5 months) to pay hotel bill until baby is born or he can’t see child. Extortion?

(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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 18, 2019

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: My son girlfriend is 16 years old and has a 8 month baby with my son. The girlfriend has been living with me for a year.

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.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 15, 2019

To obtain a support order you would need to be appointed the girlfriend's guardian first.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My ex wife is threatening to refuse me visitation.

Hello. My ex wife is threatening to refuse me visitation, on the grounds that she does not approve of my new significant other (Who has no criminal record, is a mother of 4, doesn't drink, do drugs, etc, and is not a danger to my daughter in any way). We have joint legal custody, and a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 12, 2019

It sounds like you could file a Contempt for the refusal of visitation.

1 Answer | Asked in Child Custody for Massachusetts on
Q: My 14 yr old grandson lives with his father, his father abuse's him and makes him sleep outside do i need a lawyer?

His father is keeping him from me, his father is unfit to care for him i once had guardianship of my grandson.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 8, 2019

You have not given enough information as to whether there was a divorce or if this is an unmarried situation nor information as to your involvement with the child, but if there is abuse or neglect you can certainly contact the Department of children and Families.

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