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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Family Law and Criminal Law for Massachusetts on
Q: Can girlfriend's non-approving father sue me or something similar?

Hi, my girlfriend and I are based in Massachusetts. We are in a state-recognized domestic partnership. Her father strongly disapproves of us because of racial issues (I'm Asian). I plan to propose and I'm quite sure she will say yes. Her father is already not talking to her because of our... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 6, 2017

If he makes false police charges, he can be charged with a crime. 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; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: My ex got remarried 3years ago and I'm still paying for my son's health insurance, so does this change anything?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 6, 2017

You may be able to file for modification of child support payments (including health insurance) if there are significant changes in the financial status of the co-parents. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More

1 Answer | Asked in Animal / Dog Law, Family Law and Adoption for Massachusetts on
Q: Adopted a cat with ex My name on contract but His is the only signature do I have right to see the cat?

I had gone back and gotten copy of the adoption papers they have no signature on file plus I am listed as the primary with her vets. He had a romantic interest who works with dogs look over the papers and she says he is in the right but I still believe that I have rights to see the cat as well.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

Your claim to ownership would depend on any agreements between you and your ex re: the cat and whether your ex gave you ownership rights of the cat at any point. As for visitation rights, unless they're agreed to in some contract with your ex or are ordered by a judge as part of some rarified... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: daughter has custody of grandson the father has him weekends court ordered doesn't pay support she like him Xmas eve

and let father have him 3 pm Xmas eve to the next weekend father says she in content of course if there's weekends where he won't take him does that make him in contempt he doesn't pay any support and she does what she can and the things that a father should be giving him myself and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 21, 2016

The mother of the child should contact an attorney directly to discuss the standing court orders, how to modify them, and how to negotiate a peaceful resolution with the child's father re: custody. The best first step is an Initial Consultation with an Attorney. You can read more about me on... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: my exhusband and his girlfriend recently broke up and he moved out of their home.

He wants our son to continue visitation with the now exgirlfriend even though he's not there. Do I have to allow my child to go her home for visits even though his father isn't there. His father lives in staff housing and can not have our child there. Our son doesn't not like staying... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

If your child is going to the ex-girlfriend's house to spend time with his Dad, I don't see a problem based on the facts you provide. If Dad is simply not seeing his child, that's another story, and you may consider filing for a change in the custody order via an emergency motion.... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: If my spouse and I are divorcing can we both use the same attorney?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

If you're doing a collaborative divorce, then yes! They'll have to be explicit contractual language and conflict waivers, for sure. 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... View More

1 Answer | Asked in Family Law and Juvenile Law for Massachusetts on
Q: What are the steps I have to take to get custody back from a third,willing party?

3 years ago dcf took them from my custody for drugs, lengthy process later my mom ended up with third party custody. For the last 2 years I've been clean and live with her and my children every single day. I need to know whats going to happen when I try to get custody back, she is 100 %... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

You have to file for child custody rights in court. You can bring your mom as a witness if she supports your rights. 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; make any... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Mass to Florida Visitation on a 1 year old

My daughter had a baby with a man when they both lived in Mass. She has full custody and there is no visitation agreement in place as he has never asked for one and has barely seen the baby. He was ordered to pay support by the state (welfare). 2 months ago he up and moved to Florida only giving my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

If your daughter still lives with the toddler in MA, then it seems a stretch that any court would order the one year-old be sent (how?) to FL to visit dad. He might very well be able to have some visitation rights to spend time with his child in MA as father-time is as crucial as mother-time in the... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: I lost parental rights because of drug use. Can that be used against me if I have another child?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

The best interests of a child are considered in court-based child custody decisions, which may consider the past behaviors/ addictions of a parent. 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... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: Could you clarify the difference between Guardian A latum and Sole Legal Custody of my grandchildren .

The original order was changed from Guardian with out our knoweldge.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

Sole legal custody of a child typically proffers greater legal powers than guardianship ad litem. 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; make any predictions, guarantees,... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Massachusetts on
Q: I am the executor of my mom's estate. My sister claims that a vocal agreement was made to have all the bone china.

I want to know if a vocal agreement is legit before the estate sale.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

A verbal agreement should be evidenced in some way. 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; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Estate Planning and Family Law for Massachusetts on
Q: If my mother passes away without a Will, who obtains the property, money, and all other assets by legal right?

My mother and step father are married under the muslim religion but not legally through the US court.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

The MA laws of intestacy apply here, assuming you're in MA:

https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII/Section2-101

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This...
View More

1 Answer | Asked in Estate Planning and Family Law for Massachusetts on
Q: Does a durable power of attorney need to be witnessed
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

This is definitely important to help avoid it being challenged. 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; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Is it worth going back for modification?

I am in the process of going back for modification of my child support and alimony. We share fifty fifty custody. I have been out of work for over two years with back surgeries and I am trying to get social security disability. Because I am not able to do anything more clinically (I am a nurse) I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

A motion for modification of support may be in order. The best first step is an Initial Consultation with an Attorney. If you cannot afford one, access self-help resources at your local County law library. You can read more about me on my law practice website. This answer does not constitute legal... View More

1 Answer | Asked in Contracts, Family Law and Gov & Administrative Law for Massachusetts on
Q: Is there any difference in Massachusetts between a Notary Public and a Justice of the Peace besides performing marriage?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

By a "Justice of the Peace", I presume you mean a "Judge", who has the ability to make decisions in lawsuits and perform weddings, among other powers. A Notary Public is not necessarily a lawyer and only has the ability to verify the identity of a signor of a document, not to... View More

1 Answer | Asked in Family Law and Juvenile Law for Massachusetts on
Q: My 16 yr old does not want to live with me anymore or go to his dad. Do I go to family court or can he just leave.
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 1, 2016

It depends on whether he's filing for emancipation. The bigger issue is whether he's safe at home. 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 nor does it create any... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: How long can someone get child support after child is returned from DCF custody even if they still have temp custody

The child was in dcf custody for 6 months just returned and DCF still have temporary custody and I wanted to know when can my friend apply for child support or do it have to wait til after the case is closed and custody is returned to her?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 23, 2016

The Court would want you to have a custody order most likely.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Massachusetts on
Q: Divorce between US and Canada

Family was living in Canada, husband physically abusive, wife & kids escaped & now living in MA. Low income, younger daughter dealing with OCD & PTSD issues, need help with divorce proceedings, custody, need to prevent husband from contacting children.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 22, 2016

How long have you been in Massachusetts and did husband live in Massachusetts at some point? There are complicated jurisdictional issues and I urge you to make an appointment with a lawyer to go over all of the facts.

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can I sue for child support?

In April, my 16 year old cousin moved in with me due to issues with her father and stepmother. Her father then gave me temporary legal custody after I insisted on signing her back up for school (he had previously withdrew her early in the year) So far, he has only given me a total of ~$600 for the... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

You can seek child support for the child and the DOR can help you with this issue.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: i have a paper signed from my sister given me permanent to temporary custody of my nephew she wants to leave with him

she wants to leave with a homeless person and go on the streets with herself, and 4 yr old son. how do i with the paper make sure she don't leave with my nephew

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 20, 2016

You should seek appointment by the probate court under a guardianship of minor petition and also seek temporary guardianship via emergency Motion with supporting information. She may assent to a petition , but be ready if she decline to do so. Also,where is child's father? Father also would... View More

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