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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Massachusetts on
Q: If def in a Divorce summons disagrees with irretrievable breakdown reason, can/should def counter file?

Plaintiff wants child custody, child support, and wants def to vacate the marital home (rented).

Defendant has proof that plaintiff has been and is still currently engaging in adulterous activity. The plaintiff struggles with alcoholism and has victimized the defendant by way of... View More

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

The focus should be on the effects on the children of plaintiff's conduct and the adultery is not so much of a concern to the Court from my experience.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Massachusetts on
Q: Is DCF reqrd to file w police and have criminal charges brght against an adult emp that inappr touched a minor in a gr

home..while under DCF care???

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

Even if the department didn't , if you learn of a minor being abused you can contact dcf and the police.

1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: I have been in a custody trial for 10 months final trial date in a month and my ex wants to hire a lawyer can she? MASS

Essex county probate court. What will happen to my trial if she does?

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

The Court may determine that a continuance of the trial should be granted depending on a number of facts and the Court's opinion of whether merely a delay is sought.

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Cost of discovery/subpoena for finding balances and recent history in a few 401k and a few bank accounts

Hello,

All of our assets are marital property (accumulated after our marriage) and all accounts have been in his name only.

he has significant balance is his past 5 employers 401k accounts, also has about 4 to 5 bank accounts, several months ago he showed me the balances to be over... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 28, 2015

Why don't you ask an attorney in your jurisdiction? The cost of such discovery may be minimal, but it is conceivable that, if he drags his feet, the associated motion practice might be large. It depends.

1 Answer | Asked in Family Law for Massachusetts on
Q: I have questions on adoption issues in the state of Massachusetts. Thank you.

In the state of Massachusetts, if a 1st mother relinquished her baby to an adoption agency. And if the adoptive parents dissolve the adoption because the child turns out to have serious heart defects they cannot take on. And if no other parents come forward to adopt the sick baby:

Would the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 26, 2015

The questions that you have are not basic legal questions. It requires much work to be able to answer them, or specific knowledge of MA case law. Go see an attorney for a full discussion.

1 Answer | Asked in Family Law for Massachusetts on
Q: Can I file a child support case in MA while the father lives in NJ??

I just brought my daughter from our native country, Ecuador. She became US citizen due to her fathers naturalization. He lives in NJ and does not want to support his child. I cant afford to travel to NJ for court hearing. Can I file here in MA and he will need to travel to MA for all court hearings?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2015

Yes, you can probably file in Massachusetts. Most state have a state agency which enforces child support. That agency may give you guidance.

Also, if you for some reason do have to file in New Jersey, I would look into the possibility of attending any needed hearing by phone. It...
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1 Answer | Asked in Family Law for Massachusetts on
Q: She asked me to leave and is now dating do I have claim to home it in her name

She asked me to leave and is now dating do I have claim to home and inside home where as 1

I paid morethan her ,she claimed to not work for years while trying for disability I worked 2 jobs she says its her house ,I did move out at her request with class these in plastic bags only

Christopher J Finn
Christopher J Finn
answered on Aug 27, 2015

The short answer is if you are married, you have a potential claim in a divorce action to a percentage of the equity in the home regardless of whose name it is in. What that percentage is, if any at all, will be dependent on a number of factors, that will determine what an equitable (or fair)... View More

1 Answer | Asked in Family Law for Massachusetts on
Q: I'm a stay at home mom who hasn't worked in 4 years. My husband wants a divorce, my child attends school from 9-12.

I don't know what the next step could be. I'd be happy to work, but whatever money I make would go to childcare from noon until I got off work (wherever that would be). What should I ask for from my husband? Child support? Alimony? I'm very nervous about the future.

Miguel Nieves
Miguel Nieves
answered on Feb 12, 2015

You should receive some type of support. This is a great forum for general legal questions. However, it sounds as if you will need more detailed assistance. You should contact an experienced family attorney in your area to discuss your case.

2 Answers | Asked in Family Law for Massachusetts on
Q: My 19 year old son is no longer going to College and recently moved out of his mother's house and got an Apt.

Do I still have to pay his mother child support?How do I go about getting the payments to stop?

Miguel Nieves
Miguel Nieves
answered on Feb 12, 2015

You should file a Complaint for Modification immediately if your son has moved out of the custodial parent's home permanently. It is likely he is now emancipated. However, if he moves back with the custodial parent and/or continues with college he may become un-emancipated again.

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1 Answer | Asked in Family Law for Massachusetts on
Q: How can I remove the nonbiological father from a birth certificate?
James J Bagley
James J Bagley
answered on May 6, 2013

You should speak with the state office of Family Services or Child Support Services. I am not saying you need either of their help, but they are familiar with the specific processes of amending and updating birth certificates and they should be able to steer you in the right direction.

1 Answer | Asked in Family Law for Massachusetts on
Q: Mother of child passed away, her family has the child. can the legal father keep the baby
James J Bagley
James J Bagley
answered on Apr 23, 2013

If the father's name is on the birth certificate and he retains his parental rights than the father should have superior rights to have his child. . This is not a guarantee and it can and will at times lead to long, drawn out court battles.

1 Answer | Asked in Family Law for Massachusetts on
Q: Can I attach my ex husband's workers comp settlement for unpaid alimony?
Wyckoff Nissenbaum
Wyckoff Nissenbaum
answered on May 13, 2011

If your there is unpaid alimony, then you should file a complaint for contempt. The court can order that the settlement check be used for and past due alimony.

1 Answer | Asked in Family Law for Massachusetts on
Q: What is needed to be a guardian of a minor child in case of parental incapacity? Bio family is mentally ill/abusive.
Wyckoff Nissenbaum
Wyckoff Nissenbaum
answered on May 13, 2011

In order to be a guardian on a minor child it is necessary to file a Petition for Guardianship. If the bio family does not assent to the guardianship it will be necessary to prove that they are unfit.

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