The judge can basically order anything that they deem to be in the best interests of the child. If there is a reason for them to be concerned about drug use, they can order a drug test. It doesn't really matter how they came to making that order, unfortunately. You could choose to appeal it,... Read more »

You could file a Petition to Partition in the Probate and Family Court. I have never seen one filed jointly, but I don't see why you couldn't do that, or you could file it as contested then file an agreement for judgment. I believe that could also be filed in Land Court, I am pretty sure... Read more »

It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days.

DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for... Read more »

The Court could enter a version of the requested order , but you should assert the difficulty involved in having the child participate for the full length of the call . Of greater concern at this point is the lack of consistency by father "disappearing for weeks or months" . Is there also... Read more »

From a practical standpoint, even though he was granted visits, how often is he going to be able to travel from Maryland to Massachusetts for a 6-hour visit? You may want to wait and see how things go. Judges usually give parents the opportunity to show they can parent successfully, but if it... Read more »

You would need to obtain Guardianship over the minor via Petition to the Probate & Family Court where there was either a previous divorce or paternity proceeding or where you live if not applicable. If there is an Emergency you would need to also request temporary guardianship and have grounds... Read more »

It is hard to say without reviewing the specific order, but a judge would probably look at your ex's intent, but also if that cancellation harmed you or the child in any way. If your ex took the child to a different scheduled appointment and the doctor offered to give your son the second... Read more »

If your brother filed an informal probate, then he had to file a copy of your mother's Last Will and Testament. You can request to see a copy of your mother's estate case at the Probate and Family Court. This will allow you to see the Last Will and Testament and obtain a copy of it.... Read more »

It depends on the type of hearing. If it was a divorce trial where child support was just one of many issues, it would take a few (or more) months. If it was a hearing where DOR was seeking support on the other parent's behalf, it should be much quicker. It also depends on the county you are... Read more »

A child in college full-time is not considered to be emancipated and the duty to pay child support and make college contribution exists. Where there is an indefinite percentage or sum indicated there is likely a basis for court review in a Modification proceeding. The current Massachusetts child... Read more »

I am actually not sure whether your wife could adopt a child solely while you are married, but another lawyer with expertise in adoption may be able to answer that.

Regarding an agreement to waive child support, however, that is definitely not possible. The courts view child support as... Read more »

First of all , was he a resident of Massachusetts? If so ,Is it a Late and Limited Petition? Because a regular estate post 3 years is not available. The Late and LImited Petition is just that- a filing to determine title to assets inasmuch as the 3 years post date of death has passed.

If you are the primary custodial parent he is in Contempt and a Contempt Complaint should be filed in the Court where your custodial orders were established ASAP with a Motion and Affidavit for Emergency hearing to have the child brought back to Massachusetts also potentially has also violated... Read more »

It sounds like something is amiss and you should have legal representation in this important matter which you have tried to handle pro se to your detriment. You may seek a hair follicle examination via Motion citing the information you have given in this question, but your ability to navigate the... Read more »

You will need to follow the process for a Voluntary Statement filing in the Probate Court for the County where your brother was living and you will also need to obtain his death certificate which the funeral home can help you with and you can also contact the town where he died .

It does sound like neglect from your description of the children's living situation and the DCF can be contacted to investigate. They will know a divorce is pending and that you are a party. Is this a new distinguishable state of affairs in the household ? One of the questions that will be... Read more »

A guardian can make decisions in the incapacitated person's best interests and there seems to be an issue of sister's husband being a domestic abuser which could subject your mother to potential violence if I am reading your question correctly. Inasmuch as elder abuse could be claimed... Read more »

It sounds like you need the Probate Court's intervention in the form of Temporary Orders concerning exclusivity of possession of the home and orders concerning preservation of the asset if it is a home owned by the parties and spousal support and return of the liquidated marital funds - you... Read more »

So the child has not graduated from high school and may have special needs also. There should be child support in accordance with the child support guidelines and you may need to once the child has completed high school seek contribution for the child's continued care via equity petition... Read more »

If there is a Court Order that there is a phone call father has at such a time each night, someone needs to make sure the call happens so that if someone else is watching the child, then they can handle the child responding to the call.