Usually random drug screens through the Court's probation department provider would be ordered where there is such an accusation. If you are willing to do so you can also ask the Court to have father so screened. The focus should be on establishing that you are not abusing drugs and are able... View More

Do you mean sole legal and physical custody? First of all if you and father are unmarried and father was not living with you at their birth and was not involved with the children, then you are presumed to be the sole custodial parent. Visitation may be ordered. However, if you were married to... View More

Although I have not seen the photograph you received, and I cannot comment on the authenticity of what you received, here is what the law that you inquired about says:

M.G.L. 215, Sec. 2 outlines Superior jurisdiction; presumption:

Probate courts shall be courts of superior and... View More

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.

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... View More

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

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.

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.

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.

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.

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... View More

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.

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.

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... View More

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.

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.

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... View More

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... View More

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.

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.