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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Massachusetts on
Q: I reside in Massachusetts had my child since she was born till I decided willing to let the father have one child

And I have the other we had a verbal agreement things where great up to about two or theee months ago where he stop answering my calls and text and Facebook messages for my daughter he never not once cared to speak to his other daughter that I have but that never stop me from reminding him and... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 20, 2018

If you are living in Massachusetts with one of the children, Massachusetts has jurisdiction over that child. However, if the other child is living in another state for 3 years Massachusetts does not have jurisdiction over the other child- the other state does . You have not stated whether there was... View More

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: I live in Massachusetts, my niece and nephew are living in Ohio with their mom. Neither parent is fit. Can I get custody
Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 16, 2018

Because the children are living in Ohio, I feel that this is an Ohio legal issue.

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Can I get all files concerning my sons custody/ child support from his fathers attorney that represented him in 2012?

The attorney no longer represents him at all. I went to the meeting in “good faith” and helped write the agreement.( my attorneys mother had died the night before the meeting) I need to use all files as my ex has new attorney? Can I call and ask for the files and notes from that meeting that we... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 11, 2018

You would normally not be entitled to the attorney's file if you were not the client.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Massachusetts on
Q: Can the court change an agreement regarding real estate after divorce

The agreement state that after april first if wife can't refinance husband have the right to move back have sol occupancy of the property and refinance

Lillian J. LaRosa
Lillian J. LaRosa
answered on Apr 11, 2018

This would normally be pursued in a Contempt Complaint to enforce the provisions of the Divorce Judgment and Separation Agreement. If the Court finds that the failure to comply was not willful or a clear violation the Court could grant some additional time to comply if t he circumstances justify... View More

1 Answer | Asked in Family Law and Divorce for Massachusetts on
Q: Please, I've been engaged for 11 yrs, lived with man for 18 yrs And helped raise his three kids from a previous marriage

We may be splitting up and everything is in His name. I'm on disability SSDI and have no where to go. What are my rights to anything Will he have to pay me Alimony?

Lissa McKinney
Lissa McKinney
answered on Apr 11, 2018

Sorry to say, there won't be any alimony. You will only have rights to anything if there was a contract about that. For a review of this issue, see: https://www.mass.gov/guides/massachusetts-law-about-unmarried-couples

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My 16 year old daughters father and I have joint shared custody and he wants to move out of state with her. Can he?

I currently pay child support and have everyother wknd visitation. They currently resisde in Mass. and bought a house in Tennessee two yrs ago.

I do not want to give consent

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

You have the right to seek a court order forcing him to stay within a reasonable travel distance from you. Courts are reluctant to allow a parent to move far away with a child for another parent as it is not usually in the child's best interest Hire an attorney.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Fiancé kicked me/ 3 mo child out of house in FL. Moved in my parents in MA. How do I have MA courts preside

Anyway to establish emergency residency in state of ma

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 19, 2018

Massachusetts does not have jurisdiction unless the child has been living here for 6 months at least. However, if there is a present danger to the child's safety and well-being and it is necessary to obtain orders the Court can act to safeguard the child.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My wife and I seperated 3 months ago and she has become terminally ill. Can her sister become my boy's guardian?

I recently fell off wagon after being free of drugs and alcohol for 3+ years. We have been married for 16 years and seperated one other time for about 8 months. I struggled with drug and alcohol addiction but have been an involved parent since children were born. I am now sober and expect full... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 14, 2018

There would appear to be a future guardianship petition by maternal aunt in the offing upon the mother's unavailability to care for the children and the Court will determine what is in the children's best interests under the circumstances. Do you have any custody and visitation orders in place now?

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My wife puts everything in trust. Our house, Inheritance, and such. none in my name. If we divorce I should get 50/50.

We are in the state of MA. With all of our land, stocks and moneys that she has inherited. She has put everything in trust, (my name excluded). I am unable to work. Wife keeps her bank accounts to a minimum. What recourse do I have if we divorce since all our holdings, land, house, money's... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Mar 1, 2018

The length of your marriage which you did not state is important. You should contact a divorce attorney to go over the full facts in your case. The fact that wife has established a trust and conveyed assets into it does not prevent the court from making an equitable distribution. How long ago she... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: dcf is going to give my kids to my wife what can do to prevent that?

She was charged for domestic abuse and the children were taken from me saying the house was unsafe

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 21, 2018

Was the house unsafe because of the domestic abuse which was observed by the children? If so, you would need to separate yourself from your wife-filing for divorce, e.g.,moving to another residence away from the abuser are such actions.

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: child born 1 week after nisi period ends (absolute divorce) real father is not from marriage. If he signs birth C.? His?

Been separated for years- got pregnant wth my boyfriend and hustled to get a divorce. Baby born 1 week after nisi period ended- legally it seems according to Massachusetts statute 209(c), that baby legally belongs to ex husband! Because of the 300 day conception rule before divorce. Boyfriend... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 20, 2018

If your ex husband does not want to be financially responsible for the child he will likely want to cooperate with a paternity complaint brought by biological father.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Massachusetts on
Q: Is there anything I can do if DCF is threatening to force me to live with my other biological parent?

I'm 17 years old. I don't wish to have any contact with my biological father for personal reasons I believe are valid. In early 2017, my parents went to court about visitation and I won so, I haven't been forced to visit, talk, etc...with him. Recently, he called DCF on my mother... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 20, 2018

it looks like you need to promptly be seen by your pediatrician and/or psychiatrist concerning the medications not bringing you relief and the absence of medication is apparently worsening how you are feeling. Your failure to attend school on time is an indice of neglect which needs to be addressed... View More

1 Answer | Asked in Child Custody, Divorce, Family Law and Tax Law for Massachusetts on
Q: By the judge altering the custody of my children to me. Does that change the divorce agreement to allow me to claim kids

If the divorce agreement we split the tax exemption on the 2 kids. By getting full custody and the visitation up to me for the ex. Does that allow me to claim both kids on taxes for the exemption? I'm from mass and she pays no child support

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 15, 2018

You will either need to have a Modification Agreement on that issue which can be filed with the Court as an uncontested proceeding. otherwise you will need to have a Modification on that issue and also should have an appropriate Motion before the Court if this custodial change happened in 2017, to... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: What can I do if custodial parent is moving out of state
Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 14, 2018

Do you have joint legal custody? Or do you have visitation orders? is this out of a divorce case or a paternity case? Or is there nothing with any Court? If you supply more information this could be responded to. If there are Court orders custodial parent cannot just flout them. If there were... View More

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Can the non custodial parents mother refuse to give the child back to the custodial parent
Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 13, 2018

No, not unless they are the child's court appointed guardians or acting as agents via a caregiver power of attorney of the custodial parent . If neither condition, applies then contact the police.

1 Answer | Asked in Family Law and Civil Litigation for Massachusetts on
Q: If parties agree before pre-trial how do we proceed ?

I have a pre-trial conference scheduled next week in Massachusetts for Custody/Support/Parenting Time,

Both parties have worked out personal issues over the last few months and have a schedule and support agreement that is working well for all involved adults and children.

The... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 9, 2018

You should prepare your written settlement agreement and have it executed before a Notary Public and have sufficient copies for each of you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: Do i have to answer my sons father call's ? can i get in trouble if i don't? i been raising him alone for 6 yrs now.

I have soul and primary custody, i had put him on child support but i will be dropping case because he is not constant and has not paid on time, he sends payments when he feels like it. I just want to know can i get in trouble for not answering his calls ? or if i block him?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 8, 2018

If you do not have court orders then you are not in trouble. However, the Mass. Dept. of Revenue Child Support Enforcement Unit is the agency involved in the child support order and collection of child support and they can have a wage assignment implemented and also monitor his arrears and add... View More

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: How do I change the jurisdiction for my custody case?

My son's father filed for custody in NC and lost. I awarded custody and i live in Ma, My son has now lived in Ma almost his entire life, minus the 9 months he spent in NC with his dad, but somehow NC still has jurisdiction over the case. i would like to make changes to the agreement without... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 2, 2018

If you had custody orders out of North Carolina, you will need to obtain an exemplified copy of same from the Court there and file them with a Modification petition in the county where you and the child reside in Massachusetts .

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Removing name from mortgage during divorce.

I’m getting a divorce an I’d like to know If I trade the marital home for other assets during mediation can the Judge order my name be taking off of the mortgage right away? Does the spouse keeping the house will be able to refinance it regardless of her financial situation (more likely she... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 2, 2018

Yes, provisions in a separation agreement can express that a refinance of your name off of the mortgage take place within a certain time frame or a sale is to occur.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Probate for Massachusetts on
Q: My divorce won’t be absolute until 4/6. I was advised to go for an emergency motion for sole custody...my chances?

My ex husband is refusing to communicate with me about our sons medical care during his visitation. On two separate occasions I’ve picked my son up and his breathing has been exasperated as if he hadn’t received any treatment. This past weekend, he had him and I picked him up Sunday and after... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 29, 2018

Was the visitation situation different before the divorce? How old is the child? perhaps visits overnight are premature. Was he attentive to the asthma then prior to the divorce and now is not taking it seriously? Was this a new diagnosis? What does the pediatrician indicate about the child's... View More

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