Lillian J. LaRosa's answer The other parent appears to be in violation of a Court Order and you can file a Contempt Complaint in order to obtain action from the Court that will address the non-compliance in terms of its effects on the child's bet interests. If you have counsel and there is a contempt finding against the other parent the Court would also order your counsel fees to be paid.
Lillian J. LaRosa's answer If you were divorced did you have a reference to custody and visitation in the agreement or in the Judgment post trial? If this is an unmarried parents Judgment of paternity or custody and support, then the issue of what custody there is would be addressed in that agreement and Judgment. You would need to file a Modification Petition and seek an Emergency Order to have the Court enter orders terminating/suspending visitation, and ,if applicable, legal custody and if father is trying to see...
Lillian J. LaRosa's answer Moving with the child is called a Removal Modification Petition because the MA Court presumes that the parties and child will continue to live in MA and permission needs to be granted to do so by the Court in MA unless the parties agree to the move . If the primary residence is in Rhode Island or becomes RI then MA loses jurisdiction after the child has lived there for 6 months.
Lillian J. LaRosa's answer Is the child enrolled in a 4 year college educational program ? If so, then no, but you should ASAP have your divorce/separation agreement reviewed by your divorce attorney or domestic relations counsel to determine what obligation you have and how the wording reads concerning college contribution before filing for a Modification to terminate child support.
Lillian J. LaRosa's answer The Court can impute income to him in calculating child support in an amount based upon his earnings history and educational background and the Court can order job search to occur also.
Lillian J. LaRosa's answer The Probate Court would have support order jurisdiction but not yet custody and visitation jurisdiction. However, is there a threat to the child's safety or well-being involved in the return to Florida? If so, Massachusetts may consider taking the case.
Lillian J. LaRosa's answer If there are no issues involving the step father there are no chances working against you and then quite possibly biological father would be willing to consent to the adoption. You can still proceed with the adoption petition if he does not consent but it would be a longer time frame, and judging from the facts presented there is no involvement with the child and he may also have fitness issues.
Lillian J. LaRosa's answer This sounds like a complex matter which you should pursue through counsel and not try to handle pro se. If you do not have funds to engage an attorney to represent you, you may qualify for appointed counsel to represent you in contesting the guardianship You would need to file a Motion requesting appointment of counsel on your behalf due to indigency in the court involved.
Lillian J. LaRosa's answer This is an unusual question, but if there are circumstances which merit a "parenting " or visitation scheduling change one party can certainly bring forward a Modification Complaint. This is more common due to changes in work hours and shift changes .
Lillian J. LaRosa's answer She should at least have a Will nominating a guardian for the minor children. The best route would be to also have a Guardianship petition or at least temporary guardianship addressed by the Court taking into consideration his unsuitability as a custodial parent as being not in the children's best interests.
Lillian J. LaRosa's answer It sounds like the New Hampshire Court is recognizing that there could be a change in jurisdiction to Massachusetts and you should consider engaging Massachusetts counsel to advise on the timing of filings here.
Lillian J. LaRosa's answer Your son will need to take a look at the Court file and preferably make copies of the contents so that he can consult with a domestic relations attorney ASAP. It does not make sense that the case went forward on a Motion , so some information is missing from the picture your son has presented to you.
Lillian J. LaRosa's answer While technically this is not a removal from the jurisdiction, it is likely more than 50 miles, correct? So the best process would be to discuss this with a divorce attorney who can raise the issues appropriately for you when he or she is in possession of all of the facts.
Lillian J. LaRosa's answer First of all, smoking weed with the children is inappropriate and if the DCF learns of this "neglect" on his part, he will likely need to be removed from the home by you or you will need to leave the home with the children or you can be accused of also being neglectful by DCF. Are the children in any kind of therapy? Clearly this is a starting point for child care. A suicidal child should be brought to the ER of the local hospital and not told that your caring level is the cause. Have you...
Lillian J. LaRosa's answer Is the child in agreement to living with you primarily when he or she is in college? Did you previously have a close relationship with the child? If the answer to these questions is yes, then you can pursue a Modification of support once he or she moves in with you.
Lillian J. LaRosa's answer You sound like you moved out of state some time after the Visitation Orders issued, am I correct? If so, then you would need a Modification and you can request a Modification of child support if you will need to travel to see the children or have them travel to see you. Potentially you are also experiencing a contempt situation but it is not clear from your question. It is very difficult to conduct litigation pro se from out of state and you should strongly consider hiring counsel to represent...
Lillian J. LaRosa's answer Hello, if there is a visitation order contained in a Separation Agreement and Divorce Judgment or a Paternity or Custody and Support matter you can seek a Modification Complaint based upon her presence during visitation with information as to how she is having an adverse effect on the children - the background of this individual was not stated so it is difficult to make much of a comment-also the ages of the children are important to know. If the Court finds that she is not an acceptable...
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