Massachusetts Family Law Questions & Answers

Q: Both parents have been court ordered to use Our Family Wizard. One parent refuses. What do I do?

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Jan 28, 2019
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.

Q: What are the steps and requirements needed to terminate my son's father's parental rights in Massachusetts?

2 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Massachusetts on
Answered on Jan 17, 2019
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...

Q: stepparent's obligation for child support if it's not in divorce decree. (In MA)

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Answered on Jan 10, 2019
Lillian J. LaRosa's answer
If the child is adopted by you then the child support guidelines level of support would apply and child support orders can be sought regardless of whether visitation occurs.

Q: Unable to see our great granddaughters. Father is not responding to our calls to see them.

1 Answer | Asked in Family Law for Massachusetts on
Answered on Jan 3, 2019
Ali Shahrestani, Esq.'s answer
You may seek visitation rights via court filings. Why are the parents not letting you see the kids? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...

Q: What type of lawyer am I looking for?

1 Answer | Asked in Family Law, Libel & Slander and Sexual Harassment for Massachusetts on
Answered on Jan 3, 2019
Ali Shahrestani, Esq.'s answer
You may have a case for breach of contract for the loans. As for the allegations of infidelity, you may want to contact the other woman via counsel. As for allegations of child endangerment of some sort, it depends on the facts. And do you need a restraining order for some reason? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...

Q: I am a high school student looking for some information about your career considering I was thinking about going into

2 Answers | Asked in Divorce and Family Law for Massachusetts on
Answered on Jan 3, 2019
Lillian J. LaRosa's answer
I have my own law firm so I am not on a salary and the advancement is dictated by what I will and won't do. My hours are basically a 40 hour week although sometimes more or less depending upon what I am working on and deadlines to complete work. I am a Probate and Family Law attorney and I also litigate contested matters so I interact with the public and the Court system. Income can be uneven and that is a caution for anyone going into their own business. You may want to try working for a...

Q: No asset Ch. 7 discharge in 2008 and two years later ordered to pay legal fees of ex spouse for services provided before

1 Answer | Asked in Bankruptcy and Family Law for Massachusetts on
Answered on Dec 27, 2018
Timothy Denison's answer
You will have to reopen bankruptcy and add the lawyers a creditor. He should have been listed as a creditor in the original filing even though the amount owed may have not been liquidated at the time.

Q: I requested a Judicial Review in regarding arrears. Can DOR take $ from my chck while this is still under review

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Answered on Dec 23, 2018
Joshua H Bearce's answer
Yes. There is a court order in place to withhold money from your paycheck for purposes of the payment of child support. The father has 30 days to file an answer to your complaint after he is served with a copy of the complaint. You will not get a default judgment from the court if he does not respond to your answer. However, if he does not appear for scheduled court hearings etc., you can request a default judgment from the court. I suggest you speak with an attorney who specializes in...

Q: What are our chances of my husband adopting my son as his legal stepchild. As well as what are the steps we need to take

1 Answer | Asked in Family Law, Adoption and Child Custody for Massachusetts on
Answered on Dec 17, 2018
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.

Q: My daughter, Age 5, was taken from me in November of 2015. I was granted a suspended judgement which is almost expired

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Dec 17, 2018
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.

Q: Can I file for divorce and upon being served, husband will move out? I am afraid of my spouse's reaction.

2 Answers | Asked in Family Law and Divorce for Massachusetts on
Answered on Dec 15, 2018
Joshua H Bearce's answer
You will need to file a Complaint for Divorce and a Motion for an Order to Vacate Marital Home. To get an immediate order directing your Husband to vacate the marital home, you will need to show that you and/or your daughter's health, safety, or welfare would be endangered if the Court did not immediately remove him from the home. He is entitled to at least three days' notice prior to the hearing.

The Court can also enter a temporary order without notifying him, however, he will...

Q: How do my fiance and I get a prenuptial agreement?

1 Answer | Asked in Family Law for Massachusetts on
Answered on Nov 10, 2018
Anthony C. Adamopoulos' answer
Divorce attorneys prepare prenuptial agreements. Expect to pay about $500.00 assuming the two of you are in complete agreement as to the contents of the agreement and you complete the intake forms as instructed by the attorney. Since you can’t have the same attorney, one of you will have the attorney prepare the agreement and send it to the other for the other’s approval.

Q: Can a primary parent go to court to change the parenting schedule so she gets less time with the child if it’s detrimet

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Answered on Sep 6, 2018
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 .

Q: I have shared custody of my child. His mom has him 18 days a month and I have him 12 days a month, plus I get two full

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Answered on Sep 6, 2018
Lillian J. LaRosa's answer
Yes, the child support guidelines would be calculated for a shared custody and the party with the greater income would be paying child support to the other parent.

Q: Asking for a friend

1 Answer | Asked in Family Law, Child Custody and Estate Planning for Massachusetts on
Answered on Sep 4, 2018
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.

Q: Can a nh judge make jurisdiction of my brother stay in nh wjen he has lived in mass for 9 months? He have to see hisdad?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Answered on Sep 4, 2018
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.

Q: How can my son fight to keep his son in Mass after she told him the court grant her motion?

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Aug 24, 2018
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.

Q: I’m looking for help with admitting evidence in a probate court. I have several questions about the procedures.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Jul 23, 2018
Lillian J. LaRosa's answer
IF YOU HAVE PROOF HE IS GIVING UNDER AGE DAUGHTER ALCOHOL THEN YOU WILL NEED TO FILE AN EMERGENCY MOTION TO SUSPEND VSIITATION AND PROVIDE WHAT THE SOURCE OF YOUR KNOWLEDGE OF THIS IS TO THE PROBATE AND FAMILY COURT ALONG WITH AN AFFIDAVIT UNDER OATH.

Q: Can my sister-in-law have her parental rights reinstated in Massachusetts?

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Jun 26, 2018
Lillian J. LaRosa's answer
You have indicated a few things are happening and normally there would be termination of parental rights proceeding which could end with an open adoption approved by the Court. The standard for termination of parental rights is obviously a high one and both parents need to be notified and given the opportunity to save their parent child relationship. Parental unfitness is the issue for termination. You should have an attorney to protect your ward and yourself.

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