Me & and the mother of my child are from MA. I’ve been in Florida for 4 years. She kept my child from me for 2 years, with false restraining orders etc (which I don’t know how that’s legal). She decided to get on good terms with me when her false accusations expired. She moved down here... View More
answered on Feb 24, 2021
It sounds like Massachusetts has a lot of contacts with the parties and the child for child support orders, although if the child was only back in Massachusetts for 2 months custodial non-monetary issues would be appropriate in Florida as the home state. Was there a paternity or Custody and Support... View More
I recently had a trial for custody and ended up loosing based on false information. My ex, who abused me utilized DCF to hurt me. the power of DCF is so strong that regardless of my therapist saying: "I never seen anything like it. The poor girl had no chance no matter what she did." My... View More
answered on Feb 11, 2021
It is likely that an appeal would not be successful as the judge is the fact finder and assesses credibility. It is possible that remaining in an abusive relationship was neglectful. You do not state whether you have any issues or what the DCF found as a result of their involvement with your family... View More
My fiancé filed a complaint for child custody and parenting time. The child's mother filed a counter claim as well as a proposed parenting plan to this. What do we file in response as an "answer" to her counter claim and parenting plan? I cannot find anything online that would give... View More
answered on Dec 31, 2020
Yes, it is called an Answer to Counterclaim and denying the individual allegations is the first step.
We can’t currently afford a lawyer but filed a custody complaint because my fiancé had the child 80% of the time up until two years ago when the child started school. She promptly decided she was going to have the child 80% and told him that he was allowed every other weekend. It has affected... View More
answered on Dec 29, 2020
Was there a prior paternity action or acknowledgment ? Is the MDOR involved ? Is DCF involved? If your fiance has filed a custody and support complaint and received a counterclaim I am unsure of what other action you are contemplating.
Clause- “while child is of young age and unable to contact other parent without assistance of custodial parent, the partIes shall engage in a nightly telephone call to allow the child to allow the child to communicate with noncustodial parent”.
This was implemented when child was 3. Dad... View More
answered on Oct 29, 2020
6 is a young age and there is potential for a Contempt Complaint to be brought against you for not making the calls occur .
I had filed a restraining order against my wife which was dissolved at the 10 day hearing. Since then my wife and I are working on our relationship. We are both in individual counseling and we are now both in couples counseling to try to mend our relationship and family. My dilemma is with my... View More
answered on Oct 15, 2020
So it appears that your wife has demonstrated concerning conduct sufficient for you to obtain a restraining order. You have not stated whether the child was present during the precipitating incident and the child's safety and well-being and best interests are paramount. Your wife's... View More
I have a complicated situation with a seven year old, don't have job, and my husband doesn't want the divorce we have been separated for 4 years. I was hoping you could help me and point me in the right direction.
Thank you in advance,
Maria
answered on Oct 6, 2020
So, depending upon your financial circumstances the Volunteer Lawyers Project of the Boston Bar Association may be able to assist you. If your husband has income and assets which are sufficient, the Probate Court can order him to pay toward your counsel fees.
My teen recently went to live with my ex (the teen's choice) but we both have 50/50 legal. We share uninsured medicals and I technically would have to reimburse him in 30 days. He makes a lot more money than me, has a two income family, and plans on making a lump sum payment. He won't... View More
answered on Oct 5, 2020
So, was there a recent Modification of Custody and Support? If you just agreed to this division and did not list orthodontia as an extraordinary expense to be agreed upon this murkies up the waters. It can be considered an extraordinary or unnecessary expense by some Judges. Are you sure you cannot... View More
i filed a complaint for modification and custody in 2013. i asked the court to set my child support arrearage in my pleadings. Both the other parent and Mass dor were served. I received Judgement on 5/2013. per agreement i owed $10000.00 child support. Dor now states I owe mother 10,000 and THEM... View More
answered on Oct 1, 2020
You will need to have a copy of the Judgment of arrears to provide to the DOR and
have confirmation that mother is receiving support ( and arrears ) through the DOR and provide
your print out from DOR handy and ready to discuss with them. If there are no new arrears then... View More
I wonder what can she do about this.
answered on Sep 28, 2020
You need a Modification of Custody and Child Support Complaint/proceeding and this should be done based upon the last Judgment or Orders issued by whatever Court is involved.
I understand how my child is and how he acts and listens to me
answered on Sep 23, 2020
If you are in the Bronx and the child is living in New York you will need an attorney in New York as soon as possible.
I am 16 my mom left me in the care of a relative without birth certificate or social security card and I have been out of school for a year and am currently living with a friend who is filing for guardianship and feel unsafe goin back to my mom. How long will this process take and can or will they... View More
answered on Sep 21, 2020
If the Court finds the petitioner for guardianship to be suitable and in your best interest after first having the petitioner appointed temporarily usually there would then be a trial date for appointment of a permanent guardian for you until age 18. Sometimes the parent(s) assent to temporary or... View More
answered on Aug 28, 2020
It can be used as a defense to the request for an increase in child support but not to lower an existing child support order.
I have exhausted all options I could think to do. Modifications, motions, emergency motions, DCF reports, attempted to have a GAL appointed, ARC attorney only telling court her wishes. Nobody sees an issue with this. A good relationship to a nonexistent one. The hate and anger coming from my child... View More
answered on Aug 27, 2020
Not sure what you are trying to do at this point. If counseling is ordered then you should comply with the Court's Order. Is there a review hearing date? If so you will need to report that counseling has not gone well and are concerned that there should be separate individual counseling for... View More
Hi, I need with a child custody for my daughter Rosalie. She is 7. Her father just served me papers for custody and parenting visits. I'm planning on moving out of state and i want to do things legally. I also want to do what the best interest of my daughter. Her dad doesn't pay child... View More
answered on Aug 27, 2020
There is a Public on-line Probate & Family Court docket search you can do to check the status of your case Its unclear what your case was- divorce, paternity, etc. Was the MDOR /CSE involved in obtaining child support orders? if yes, then follow up with the MDOR. If not, you can seek an... View More
Parental alienation. Emotional and psychological abuse. Gaslighting. I'm getting absolutely nowhere in court.
answered on Aug 27, 2020
You can check with the local Bar Associations- I believe Bristol is your county.
Simple. My daughter and I had a great relationship 6 months ago to absolutely nothing. The court has a mountain of evidence proving emotional and psychologically abuse.
The ARC attorney is only sharing my daughter's wishes. I filed motions, emergency motions, contempt actions as well... View More
answered on Aug 26, 2020
Has your case gone to trial or is it at the temporary orders stage? Temporary orders can be changed as circumstances change ,so although there is an Interlocutory appeal process generally cases are appealed that have gone to Judgment and there are rules of procedure that must be promptly followed... View More
Custody battle. I am filing on terms of parental alienation, emotional and physiological abuse. There's a pre trial conference but the other parties lawyer emailed me stating the court requires a meeting beforehand. I don't feel comfortable speaking in this meeting with just myself and... View More
answered on Aug 10, 2020
The pretrial order you received from the court should explain exactly what you need to do and when. Some judges require the parties to meet at least a week or two before the hearing. If you decline to meet the other party's attorney will likely bring that to the court's attention. This... View More
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... View More
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... View 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
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... View More
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