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Massachusetts Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: My little brothers father and my mom got a divorce and he doesn’t live with us anymore. Can he record us when he visits?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 28, 2020

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 »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Do I need permission from SO’s ex to have a child depending on stipulations in their custody arrangement

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

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 24, 2020

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 »

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1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Ok so how do I go about moving we both want to make some type of agreement and it’s legal custody
Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 20, 2020

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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Hi I want to move to another state and me and the father have joint custody but the child lives with me...

But he doesn’t pay his child support and he have tattoo shop

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 20, 2020

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 »

1 Answer | Asked in Child Custody for Massachusetts on
Q: Can i request That my child’s father gets tested for COVID?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 17, 2020

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 »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Massachusetts on
Q: What are my options at virtual mediation? Child wants to stay with me and it is much safer here anyway.

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 16, 2020

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 »

1 Answer | Asked in Child Custody for Massachusetts on
Q: Can I lose custody of a my child in MA because I moved into an RV?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 13, 2020

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 »

Q: How do I go about filing an appeal on DCF? I am involved in case on which I am NOT the supported person of neglect.

Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 6, 2020

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 »

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1 Answer | Asked in Child Custody for Massachusetts on
Q: How does probate court for custody work in Massachusetts

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 29, 2020

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 »

2 Answers | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: My husband and I have been separated since 2017. I’m terrified of him but I want to finally go through with the divorce

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 »

Tanesha R Wright
Tanesha R Wright answered on Jun 15, 2020

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 »

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1 Answer | Asked in Child Custody and Civil Litigation for Massachusetts on
Q: I need to know legally where I stand with child support. X had c/s reduced 6 years ago due to no jobs but does very well

He just bought a $700,000. house, goes to the Caribbean 2-3 times a year and does not cover my health insurance and it’s in our divorce. The $49 a week I get in c/s is not enough

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 9, 2020

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 »

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Domestic Violence for Massachusetts on
Q: How would I go about filing a lawsuit for parental alienation against my daughter's father and his wife?

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 4, 2020

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 »

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Ex and I live in different states. I have custody, he gets visitation rights. Can I move to a different state with kids?

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 »

Brian Waller
Brian Waller answered on Jun 1, 2020

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...
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1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Looking to get child support changed due to father of the children reporting less income then actually receiving.

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 »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 19, 2020

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.

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: For parents with joint legal and one parent having sole temporary physical custody (previously 50/50)

Can a parent with physical but joint legal withhold information regarding health of child

Lillian J. LaRosa
Lillian J. LaRosa answered on May 6, 2020

Yes, The name of the provider should be provided to the other parent.

3 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can the courts force me to visit my child? I pay support fully and on time, but I absolutely refuse to visit.

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 »

Kelley Anne Joseph
Kelley Anne Joseph answered on Apr 25, 2020

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 »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: I’m wondering if there is a way to waive back child support that the other parent is willing to waive?

The other party has agreed to waive a certain amount of child support in out case. Just wondering what the steps are?

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 22, 2020

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.

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3 Answers | Asked in Child Custody and Family Law for Massachusetts on
Q: I have joint custody of my son and his father and step mom are keeping him from me.

.i would like to know if theres anything I can do other than court such as calling the police to do a welfare check on my child,get dcf involved,or report for kidnapping?

Brian Waller
Brian Waller answered on Apr 22, 2020

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 »

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1 Answer | Asked in Child Custody for Massachusetts on
Q: I signed a notary of giving up my parental rights how do I get a copy of the surrender form I signed with courts closed?
Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 20, 2020

Was there an attorney involved? He or she should be able to send you a copy even if you were not represented by the attorney for the other parent.

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: Do I need to mail a money order?I have a feeling once they see they will want child support I am on disability .

I have the forms to mail to the court house for parenting time.i am on the birth certificate.

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 20, 2020

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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