Before he was removed from our home he had “nanny” cams, and would frequently use his phone to record us in our home. At first I was told it’s like a nanny cam and was okay. Now that he lives with us can he still come into my house and record us with his gopro? I do not want to be recorded... Read more »
Recordings are not permitted without consent of the recorded person in Massachusetts. Your mother is authorized to inform him it is unacceptable behavior and may need to address this behavior which is likely being prompted by his father via a Modification of the terms of visitation and possibly...Read more »
They have an agreement that neither party can make a decision in regards to their child without first speaking to other parent and developing an agreement. As having a sibling would effect their child does he and I trying for a child fall under that agreement
This is not a typical construction of a decision concerning the child's health and education and recreation. Does your stipulation discuss this question of additional children ? I've never seen this coming up! It sounds like an intrusion and could well be a violation of public policy that...Read more »
Depending upon what Petition the joint legal custody was ordered temporarily or finally adjudicated, either a settlement agreement called a Stipulation to be entered as a Judgment if it was a temporary order or if the joint legal custody was a permanent Judgment then by a Joint Modification...Read more »
Whether or not he pays his child support will not affect the custodial issue nor the removal issue, but it does not reflect well on him and is a part of the whole set of circumstances the Court uses to evaluate the removal petition. Is this joint physical or joint legal custody you are referring...Read more »
I have Full custody and he was supposed to pick up my daughter today for the weekend. This morning i found Out that he’s been in an Airbnb out of state with 11 other people, no mask no protection. I live With both my parents who are older above 60 with a lot of heath issues. They are both high... Read more »
How do you have this information? Is it in written form? A text or email? If so, you should respond in writing to him- text or email about your legitimate concerns for your child and your household's health and that you urge him to reconsider taking the child for the next 2 weeks while he...Read more »
High-conflict divorce and custody dispute, with ex having a lifelong history of mental illness diagnoses and treatments. Divorce and custody arrangement finalized in a previous state of residence where she still resides. Child is currently with me in MA and has been since the start of the pandemic.... Read more »
Because the child has not been living in Massachusetts for at least 6 months, our Probate Courts do not yet have jurisdiction over custody and visitation as the former state of residence still is the home state until then. However, if there is a safety concern about the child going to the other...Read more »
I have primary physical custody. I recently had to move out of my apartment. I moved into an RV that I wanted to live in full time with my child. I lost my job in March because of the pandemic and have not since found employment, but actively looking. I moved out of my apartment last month because... Read more »
In and of itself, this is not an issue unless the child is adversely affected by the move or if the public school system -if applicable to your child -will not accept that you are a resident in the location of the campground. It is unclear why you would have moved from your apartment at this time...Read more »
This is actually an area of specialization. However, briefly, if you are within 30 days of the supported finding of abuse or neglect you can ask for a fair hearing and if the finding is adverse at the fair hearing, then the Superior Court would be involved if an appropriate appeal of the hearing...Read more »
My son is almost 4 and has lived with me his whole life, along with his mother This past January she had gotten us evicted and I have my own apartment, she took my son and is living in a shelter Using my child to get herself state housing, while I work 40 hours a week How can I get to see... Read more »
Has paternity been acknowledged? If not, then you should commence a Paternity proceeding and request visitation and child support orders to be entered upon a paternity finding. The law in unmarried situations is that the mother is the sole custodial parent, however, upon a showing that you were...Read more »
We briefly reconnected for about two months winter 2018 and now we have a baby. I told him I was pregnant in April 2019 when I found out and I didn’t hear from him my entire pregnancy nor did I hear from him her entire first six months of life. I ended up contacting him for help which was a... Read more »
You should contact an attorney to discuss specific details, there is not much here to go on. If you want a divorce you'll need to go through the divorce process of filing in the probate and family court. If you fear for your safety and your child's safety, for any reason, you should...Read more »
It sounds like a Modification of Child Support matter can be filed based upon his material change in circumstances . The current Guidelines would be applicable, also. It also sounds like he is in Contempt with regard to your health insurance coverage if that was not changed in the earlier...Read more »
Also, how would I find out if my daughter has a lawyer? Any information you can give is greatly appreciated. What steps should I take? I haven't seen her since February when we had a wonderful relationship. I already proved drug allegations to be false in court. They are making false... Read more »
Is there a Modification petition pending? Has your visitation been limited by any Court Order? If not you may file a Modification Complaint of your own if the circumstances have changed materailly since your prior orders. You could check the docket on line to see whether counsel for the child was...Read more »
I moved away from him with our two kids 5 years ago. ( TN to MA ) He got a lawyer and we went to mediation, I ended with custody and he gets visitation rights that I have to pay for. ( plane tickets ) I now want to move in with my boyfriend of 4 years, but it’s to a different state ( FL ). Can... Read more »
Good question. It really depends on the agreement that you came to with your ex when you moved away. If there is any restriction about moving to any state other than TN, then obviously it would be an issue.
Realistically, there should be no impact on your ex if you are paying for the...Read more »
Divorce and custody agreement was done in a different state (Rhode Island). 1. Father is moving out of current state to somewhere unknown 2. Father of the children reported to child support that he makes a certain amount for last three years when he makes almost triple of what he reported. He is... Read more »
So it looks like neither of you are in Rhode Island, so you can contact the Mass. Dept. of Revenue about Child Support Enforcement application and their seeking a Modification through the Probate Court in Massachusetts where you are residing for you as an option.
At this point I’m considering a restraining order against my ex, we agreed that I didn’t have to visit as long as I paid support. But she started trying to force me to visit, she shows up at my house with the kid occasionally. Last time I called the police and they made her leave but she’s... Read more »
While I practice in Florida, not Mass., in most states, courts cannot “force” a parent, against his or her will, to spend time with a child, but many can sanction a parent for their refusal, in some way, as forcing you seems contrary to the child’s best interest. Further, the court can...Read more »
If your question involves the MDOR then you and the other party need to contact the MDOR attorney or office involved with your case and indicate that there is going to be an Affidavit of No Arrears executed and request this be processed.
It really depends on the custody order that is in place and why they are withholding visits. Parenting time and custody arrangements are supposed to be honored despite other quarantine restrictions so that alone isn't a valid reason to deny visits. If you are concerned about the child's...Read more »
The level of child support is determined by the child support guidelines and you should try to estimate the sum based upon your income and what you know about mother's income as well as medical insurance information. Keep records of what you are paying directly ( cancelled checks and bank...Read more »
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