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.

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... View More

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.

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... View More

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.

In order to change

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... View More

You go to the Family Court where you and your spouse last lived together. For example, if the two of you last lived in Lynn go to the Family Court on Federal Street in Salem. At the desk tell the clerk you want to file for divorce. You will be given a complaint for divorce and told how to fill it... View More

You seem to ask 2 questions.

First, concerning modification, either party may seek a modification of an existing order if they can show a material change in facts since the first order.

As to the Pre- Trial, you say, among other things,: A pretrial is coming up in regards to... View More

Unfortunately your question is not clear as to what you are asking about and your back ground is not clear, e.g., as it was agreement.what should i do?

Let me speak generally, apparently you have received a Pre-Trial Order. Apparently, the Order is in two parts, first you were told that if... View More

Yes, you can contact the police, but if your spouse has joint legal custody he can contact the pediatrician to make sure that the child does not have a prescription for this medication. The pediatrician would also be mandated to contact the DCF if there is suspected abuse or neglect of the child.

Yes, you can file a Modification of whatever Judgment granted custody to father. You will need to obtain a copy of the Judgment from the Court involved to do so and are you able to take custody of the child at this point? Have you visitation rights? You should consider seeking visitation first if... View More

First, all property owned by either party is marital property. So, property owned by you before the marriage is now marital property.

Second, Massachusetts is an "equity or fair" state. This means that the judge at the divorce trial will consider all the evidence then decide how... View More

His only reasonable right is to seek a custody child support order in the Family Court.

Your question is "Would it be fair to spend weekdays afternoon only til have a house?"

If there is no Family Court Order setting when you are with the children and when and if you can be in the Family Home then based on what you write it would be fair. While you are with the... View More

You should follow the terms of the Separation Agreement/Divorce Judgment and If there is noncompliance then there could be a Contempt Complaint and if there is a material change in circumstances a Modification Complaint may be justified.

Don't marry him (because then the house would be part of the marital estate), and he should pay you rent as a month to month tenant. If you break up just evict him.

This sounds like he is in Contempt and normally you would need to appear on the return date of the Contempt. The DOR would handle financial Contempt but not the custody/visitation issues. It is worthwhile to get to Suffolk Probate.

It sounds like the children's father is in contempt of the "visitation" order by using his texts to do other than discuss the children so mother should bring a Contempt Complaint and also a Modification complaint seeking to terminate the contacts to her. If they threaten her life... View More

You can contact New Hampshire counsel as soon as possible citing these facts. Best wishes.