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Massachusetts Family Law Questions & Answers
2 Answers | Asked in Family Law for Massachusetts on
Q: The mother of my minor children is planning to move out of state with my children without my consent.Do I have rights

I pay court ordered child support.

Theresa Spearing
Theresa Spearing
answered on Apr 4, 2017

Yes you have rights. If you have a Parenting Agreement it should specify the parameters of moving children out of the Commonwealth. If you have only a Child Support Order without a Parenting Order, it is in your best interest to file a Parenting Petition with the court in order to preserve your... View More

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1 Answer | Asked in Family Law for Massachusetts on
Q: What legal recourse is available to stop harassment and false accusations in a contentious divorce, child custody case?

I am inquiring on behalf of my nephew who is repeatedly brought to court by his ex wife on issues that she has exaggerated and in some cases are completely false. She has the financial resources to engage her lawyer at will. My nephew does not - he has wiped out his 401k, savings and borrowed... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 27, 2017

This may form the basis of a motion for sanctions for abuse of process. He may need a more aggressive and savvy lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: My step father's cremains were abandoned with me by his next of kin. what are my options in getting her to take them?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

If she doesn't want them, she can abandon them. You can't force her to take them. Make sure to give her notice in writing of her abandonment. If you plan on abandoning or donating the remains yourself, make sure to give her sufficient advance notice to claim them before you do so. More... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: If a temp guardianship of my minor child was approved by Plymouth family court while I was hospitalized without knowledg

And I was still hospitalized when the next hearing came up and I was legally unable to attend, what can happen? I've signed or have not received any paper work other than my treatment social workers words to me. This seems like a violation of my parental rights.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

If the guardianship is temporary, then that implies that it will revert to you at some point when you're well, right? You should be provided a copy of such orders, of course. Request that from the court clerk. More details are necessary to provide a professional analysis of your issue. The... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Can noncustodial parent move 4 hr drive out of MA into NY?

Mom of 15 yr old has full custody & resides in MA. All assets have been split. Divorce will finalize in spring. Can dad move 4 hr drive into NY, legally, if he agrees to take care of transportation for visits with child? Can dad just notify courts of move or does he need permission?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

If the dad wants to move away on his own without the child, I hear no legal problem with that nor any reason to seek court permission. Litigants needs to keep the parties and court apprised of new addresses, though. Of course, it would cause practical visitation issues with the child and... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: My children's father makes no effort to be part of their lives except on his weekends. What do I do?

I'm a single stay at home mom of 2 children. Their father has them every other weekend. Supposed to have them 2 days over every school vacation, 2 weeks in the summer and every Wednesday for dinner. He doesn't do any of that besides his weekends. He gets to claim them on his taxes even... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 28, 2017

You can file a motion to modify (increase) child support based on fact that dad is spending less time than the custody order permits. Contact a tax lawyer re: your tax question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

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1 Answer | Asked in Family Law, Libel & Slander, Military Law and Personal Injury for Massachusetts on
Q: What recourse do I have if someone stole my veterans medical documents and DD214 and gave them to an attorney?

My private documents were stolen out of my office space and used against me in a deposition by the thief given them to her attorney. Now they are using these documents to further explore and have a judge sepeona the rest of my records.

Peter N. Munsing
Peter N. Munsing
answered on Feb 19, 2017

I assume it's a domestic matter. Take it up with your attorney. He can file a motion in limine.

1 Answer | Asked in Family Law for Massachusetts on
Q: Child support question

I have two children, 12 and 4. The defendant is saying that he will take the 12 year old and I keep the 4 year old and he will not have to pay child support. He makes 6 figures a year and I make about 20,000. By us splitting the children, will that negate him having to pay child support for the 4... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

What does the child support order of the court say? If you want to modify it, you have to file in court for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: How have final divorce contingent on getting shariat (Islamic) divorce in the US and register it in Iran consulate?

I got married in Iran in 2011; petitioned for my wife to join me here in the US.

In 2014 I filed for divorce. Since we got married in Iran, we need to also

get Sharia divorce and have it registered in Iran consulate. Otherwise,

my wife can file for a divorce in Iran where... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You can also file for divorce here if you reside here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: My Husband loaded his stuff and left me. I'm on disability since 2010 we were married Halloween 2009.

He changed the bank accounts where his personal account gets most of his check and our joint account gets 350 and is always over drawn. He Claims he Doesn't feel the same way about me anymore. Of course from our phone bill he's been in contact with someone else since he's started... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

See: http://www.mass.gov/courts/case-legal-res/rules-of-court/probate/pfc-supp/srpc411.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
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1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: I am trying to find a probono lawyer to help get visitation between my kids and soon get custody. Where can I find one
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You may find self-help resources at your local law library and divorce and custody forms online at the MA courts website: http://www.mass.gov/courts/forms/. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... View More

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: why do I pay child support 2x's for the same child?

I pay child support to Massachusetts. The state in which the child resides. How is it possible that I received a letter in the mail that I am going to be garnished more wages for the same child, but from Puerto Rico?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Contact a PR lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Elder Law, Family Law and Real Estate Law for Massachusetts on
Q: What are my rights?Husband left me 3wks ago. Both names on the home.I have paid all the bills.Can my son move into help?

What are my rights?Husband left me 3wks ago. Moved in with his sister in Texas. Both names on the home mortgage with huge balloon payment in 28 yrs. No equity in the home. I have paid all the bills.Can my son and daughter-in-law move into help me with the mortgage? We have a MHA mortgage. We pay... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You say you only have 2 months of payments left, yet you say there is no equity in the home. These claims are at odds. You may want to file for divorce to settle the property dispute. I see no problem with leasing the home to tenants. More details are necessary to provide a professional analysis of... View More

1 Answer | Asked in Child Support, Family Law and Juvenile Law for Massachusetts on
Q: Can I ask that my child be emancipated if he refused to provide me with proof of college enrollment?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Adults over 18 are not considered minors, and legal emancipation is a process for minors - not adults. Perhaps you're confused? Are you dealing with a child support order that you want to challenge because you're not sure you're child is in college and you're paying for it? If... View More

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: What do I do when I haven't received child support in over 5 months & the DOR hasn't done anything about it? I'm in Mass

My sonson father has considered missed payments 8 to 12 weeks in between and never getseen in trouble in court and he is never asked to bring money to make his arrears current

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

You can file for contempt in court, and you can report the case with a copy of the child support order to the Child Support Enforcement office.

See: http://www.mass.gov/dor/child-support/

The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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1 Answer | Asked in Family Law and Adoption for Massachusetts on
Q: What are the requirements for me to get custody of my fiance's daughter

The mother of the child got arrested in California DCF to custody they contacted my fiance to take a DNA test I am his beneficiary and take care of all his stuff he wants me to take custody of the child cuz I also have four other children so I was just wondering what the requirements are for me to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Typically there is no basis for custody by a non-biological parent unless there is a termination of parental rights ordered by a court followed by a legal adoption. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for Massachusetts on
Q: I packed some things to leave the house because my wife and I were arguing and took the phone that she uses

The phone payment and the bill are in my name. She pushed me into the wall then grabbed my crotch trying to get the phone. There was a landline in the basement so she had access to 911. She lied on a ex parte order to get a restraining order. I've been contimplating pressing charges it's... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

You would be best advised to report the matter to the police as soon as possible. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: grandfather will not let grandchildren see their dying father in hospital can pass anytime what can they do?

this is in massachusetts children are 17, 15, 11 , 10, mother was common law wife for 10 yrs broke up 4 yrs back but are still close.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

You can file for an emergency visitation order in court if the grandfather has legal custody. If he doesn't and he's just physically prohibiting the kids from seeing their dad, then you might be able to contact the police to report the issue. One possible charge *might* be kidnapping or... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: grandfather will not let grandchildren see their dying father in mass hosp, can pass anytime what to do?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

You can file for an emergency visitation order in court if the grandfather has legal custody. If he doesn't and he's just physically prohibiting the kids from seeing their dad, then you might be able to contact the police to report the issue. One possible charge *might* be kidnapping or... View More

1 Answer | Asked in Domestic Violence and Family Law for Massachusetts on
Q: How do i go about going after my current DCF worker for knowing that her being my worker is a huge conflict of interest?

My current DCF worker was assigned to my case back in the end of October. I am currently fight my moter in court to remove her as a co guardian to my daughter and on sept 22 2016 my daughter was put in dcf custody which my daughter as put in a foster home till November 30 2016. My mother was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 13, 2017

You can file a complaint with DCF against the worker, and you can file for modification of child custody orders in Family Law Court. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice;... View More

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