I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »
You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification...Read more »
If real estate is held in common, a petition to partition is needed. In divorce there is property division and this is a distinction. In a divorce all assets regardless of how held are considered marital property to be divided and not the sole property of a spouse until or unless the Court so...Read 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... Read more »
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...Read more »
In my experience, judges don't have a lot of patience for things that aren't a good use of their time, like having a hearing that doesn't accomplish anything because one party hasn't provided info they were supposed to provide. Judges have a lot of discretion in how they handle...Read more »
She is paying high alimony & child support now due to high income from W2 + K1( from business income reported on her tax return). Is it legal for her to change her S corp to C-corp so her future income from C corp will be far lower that is based on W2 only? Her company is growing and needs to... Read more »
It depends upon the wording of your separation agreement/Divorce Judgment if you are divorced or temporary orders if there is not a final resolution . If the document is truly silent then not required to do so.
If someone was served to appear in court for non payment of alimony and yes it was court ordered and he does not show can a warrant be issued for his arrest or could the do something with his electrical license?
If he doesn't appear for court the judge can issue a capias (basically a warrant) to have him brought before the Court by a sheriff. There are a lot of things that could happen as a remedy for the person that was supposed to receive the alimony, like the assignment of wages. Civil contempt...Read more »
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... Read more »
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”.
It is really hard to say how a judge would decide, but as long as you are making an effort in good faith and the child doesn't want to, there isn't much you can do. It does sound like your daughter has outgrown the way that section of your agreement is worded. You may want to start the...Read more »
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... Read more »
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... Read more »
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...Read 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.
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... Read more »
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...Read more »
One Parent/co-Guardian versus state - ward age 33 history of seizures/autistic characteristics. Temporarily living with me per COVID; would like her living with me permanently. State wants me to forfeit my guardianship; says it's the only way. Can you clarify or suggest alternatives?
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... Read more »
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...Read more »
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... Read more »
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...Read 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... Read more »
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...Read more »
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...Read more »
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