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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Can I be evicted?

I live in my mother’s husbands apartment , he owns the property not my mother. Her name isn’t on it at all. They are separating and they fight really really bad. . He came tonight to collect our rent check and was fine, nice and all good! Apparently they are fighting again and he is threatening... View More

John Espinosa
John Espinosa
answered on Jan 28, 2018

Here is a good resource for the basics: https://www.mass.gov/service-details/learn-about-responding-to-an-eviction-for-tenants

Then look at it from the lanlord's perspective, which outlines the steps to begin eviction:...
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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I have a daughter. Now 11, Mom disappeared for 6 years no contact ran into her one day said this is ur daughter stayed a

My house and wrote a handwritten letter stating that she could no longer take care of her and I had her for almost 4 years now somehow she got a hold of DCF showed up at the school took her and disappeared I have no idea where they are or what they're doing do I have any rights to at least get... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 22, 2018

Were you involved in a paternity action or custody and support matter before the DCF was involved? You need to contact and meet with a family law attorney as soon as possible as it seems that you have never been involved with the Court system to have any adjudication.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Do I have grounds to dismiss the Defendant's counterclaim? (family law)

I filed a complaint for mod. I went to dismiss this complaint and was informed defendant already filed a counterclaim, but never served me. I was given copies of the counterclaim. The "Change in circumstances" that defendant lists does not support the relief she's requesting. She... View More

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

Have you answered the Counterclaim? You will want to do so as soon as possible and also move to dismiss the counterclaim for the reasons she has stated. Does she have an attorney? Failing to serve you is significant as it is a failure to give you due process and pro se litigants have to follow the... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I get my kids every weekend. Im having car trouble and she agreed to get them only now she will not pick them up

She has custody, but there is no order as far as transportation goes. I habe been picking up amd dropping off every weekend for as long as i can remember. I recently have been having car trouble which is not safe for the kids to be transported in. I asked if sje could help out with rides for... View More

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

Normally the parent with visitation does pick up and drop off unless your agreement ( Divorce Judgment or other Judgment ) specified otherwise. Is there a visitation schedule in place that calls for a time when the visit is over? If you are not complying, you could be found in Contempt if mother... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: My parents are fighting in court over who must pay child support, although i am 18 and attend college.

My parents have been divorced my whole life and ive lived w my mom, with my dad paying child support. For the past six months I’ve lived with my dad, so i could be near my University before moving in campus. Now my dad is asking in court for my mom to pay him child support. I do not want to pick... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 10, 2018

Often parties are not equally situated financially, so it is possible that your mother's contributions to college expenses are sufficient. There are child support guidelines which discuss support levels and college contribution levels. Since you are also working part time your income will... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My fiance is enduring a divorce (15 months so far) and new judge placed an order of no exposure to significant others...

Judge placed order saying this is how she handles all divorce cases because she feels it's in the child's best interest. But I have been living with the father and met his son and began to establish a relationship under the advisement of a child therapist before the new judge was... View More

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

The Court Order stands unless modified.

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: My 1st child is in dcf care in another state. Im current prego now, can dey tke my new baby becasue of case still open.

My baby father has a criminal record, but he works can he sign birth certificate so dcf doesnt tke the baby?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 28, 2017

If the baby's father is sure of his paternity he can acknowledge same and as the child's father he has due process rights with regard to the proceedings with DCF for care and custody of the child or proceedings for guardianship of the child. If father is unsure then a Paternity... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Can my son's father force him to spend time with his new girlfriend instead of coming home with me while he is at work?

We have 50/50 legal and physical custody and the agreement states no parent should withhold time with the child. However my son's father is in his fifth new relationship in 8 years and is forcing my son to spend time alone with his new girlfriend during vacation while he's at work my son... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 26, 2017

You should wait to contact your attorney and the rule of thumb is to obey current court orders until they are modified.

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: i live with my child's father but we had a nasty break up. We are not married. what are my rights?

and how would i pursue this to take him to court, ask him to move out and have him served with papers?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 20, 2017

Has Paternity been established? If not, you would start there and can contact the Massachusetts Department of Revenue Child Support Enforcement Unit to work on this issue of establishing his paternity and child support orders. The DOR does not get involved in custody or visitation issues, however.... View More

1 Answer | Asked in Contracts and Family Law for Massachusetts on
Q: Please read and answer, very important

I am about to receive a settlement. I want to put at the very least 5k in the bank and not touch it. Here's my dilemma and question. I FILED my lawsuit in December 2016 BEFORE I got married. I got married February 28th 2017. My husband owes money in child support. I have helped him pay 28 k... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 12, 2017

Your funds are not subject to collection for your husbands child support. Open a separate savings or checking account and put the money away for your own use.

2 Answers | Asked in Divorce and Family Law for Massachusetts on
Q: My husband and I have 2 kids and he only wants to pay for daycare even thou the kids live with me ,can I get him to help

My husband and I have 2 kids and he only wants to pay for daycare even thou the kids live with me ,can I get him to help more since they will be living with me hence I need a bigger space and my rent will cost more than his ?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 4, 2017

The Child Support Guidelines are applied to the parties incomes, and there are calculations which also reflect the cost of medical coverage and cost of day care so this question cannot be answered without this information.

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1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I signed over my parental rights when my kid was months old because me and her father were in jail. She's 5 now and we

Had her since she was 2..we take care of her fully, if my mother, who has joint custody with my father wants to give me custody back can She? Without court

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 1, 2017

No, the Court will be involved.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: I signed over my parental rights when I was in jail to my parents for my daughter. I am the mother and have had her

Since She was 2 years old, she's 5 now. Can I get custody back if my mother wants to sign it over?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 1, 2017

I am assuming you mean that you mean you gave / Assented to your mother's guardianship petition rather than an adoption by your mother. If your mother is willing to terminate the guardianship and the Department of Children and families and the Court out of which the Guardianship was obtained... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: I filed for divorce this week & there’s no custody order set in place, is it ok to take my daughter to disneyworld

I told the person that was helping me fill out the divorce papers and they said if there’s no court order that it’s okay to take her regardless of my husband threatening to call the cops on me for kidnapping when he knew about this vacation since July and previously said yes before.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 27, 2017

You should have a copy of the air line ticket and hotel accommodations showing that it is a week only and not a move handy and copy him in writing with this documentation. Better practice would be to obtain court approval of the vacation visit in advance of your departure where there are these... View More

1 Answer | Asked in Estate Planning and Family Law for Massachusetts on
Q: QUESTION CONCERNING A FAMILY ISSUE, ESTATE, AND INHERITANCE

MY MOTHER OWNS A HOUSE WORTH AROUND $500,000. SHE CURRENTLY HAS A $100,000 MORTGAGE ON THE PROPERTY. THE EXTERIOR OF THE HOUSE HAS RECENTLY BEEN DONE, NEW WINDOWS, ROOF AND SIDING. THE INTERIOR OF THE HOUSE NEEDS A LOT OF WORK. MY BROTHER WANTS TO MOVE IN WITH HIS WIFE. HIS PLAN IS TO GET A... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Nov 27, 2017

The only way your brother can get a new mortgage on the property is if he takes an ownership interest in the property or he enters into a rental agreement with your mother and she gets the mortgage and he can guarantee it. The issue is how the $400K in current equity is split between your brother... View More

1 Answer | Asked in Adoption, Family Law, Child Custody and Child Support for Massachusetts on
Q: I just found out i have a 9 year old daughter. Recently did a paternity test. What are my rights ( if any ) ?

I recently did a paternity test & found out i have a 9 year old daughter. However the mother isn’t allowing me to be a part of this child’s life. Given how sensitive the situation is, i understand her concern. But she originally agreed then disagreed. Plans on moving out of state too. The... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 22, 2017

Without "going to Court" you do not have any legal rights as in paternity cases the presumption is that the mother has sole custody. Therefore, if you are interested in obtaining visitation rights you will need to involve the Court. You also will be responsible for child support and this... View More

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: I have full custody. My court orders are from CA. I have no court orders in mass. I want to move back out of state.

My custody was granted in California about 8 years ago. We haven't lived together or been in the same state till this year. He only saw the boys about 5 times in that period. He owes me back child support. He is being verbally abusive to me and the boys. I found out he is using drugs.Were now... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 20, 2017

Hello, Because you have been living in Massachusetts for over 6 months, Massachusetts has jurisdiction over the children and you would need to seek to Modify the California Judgment and address custody and visitation here. Since neither of you any longer resides in California then the child support... View More

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: How can my daughter leave her abusive boyfriend? There is a 2 year old, can she come back home to mass. Not married

The boyfriend is very controlling and has a really bad temper, my daughter is all alone in New Hampshire, her family lives in mass, and does not have a lot of money, what can be done?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 17, 2017

Has the child been living in New Hampshire for over 6 months? If so New Hampshire has jurisdiction over custody, visitation and child removal from New Hampshire issues.

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: If there is a court investigator assigned to my custody case Can I still file a modification for child support

I am currently on workers comp, I have a court investigation going on due to my ex filing for emergency custody based on made up allegations

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 14, 2017

Yes, you can still file a Modification of child support if there is a material change in income and the new Guidelines would result in a change in the amount of child support. Bear in mind that there is an issue as to whether the fact of your workers compensation payments not being taxed results in... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Can I move custody hearings from Massachusetts to another state?

I was granted permission to move my child at the age of 8 out of Massachusetts and I need to take my ex to court regarding custody and medical bills he's not paying. I now live in Virginia and it is difficult to go to Massachusetts for court. He was court ordered to pay half of all our... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Nov 6, 2017

Custody and visitation issues are Virginia issues if the child has been there for 6 months or more. If he still lives in Massachusetts the support issues are Massachusetts issues.

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