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Massachusetts Family Law Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Massachusetts on
Q: what do i do in regards to getting 70/30 (70 me 30 him) custody of daughter and father is abusive

My daughters father is very ignorant towards me and refused to let me have my daughter on a court ordered visit and is using full custody to tell me when I can see my daughter

Lillian J. LaRosa
Lillian J. LaRosa answered on May 20, 2019

It sounds like there is a Contempt of a visitation order in which case you can file a Contempt Complaint at the Court where the adjudication of Paternity or Custody and Support Complaint Orders were issued from.

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Looking for information regarding my legal rights as a noncustodial parent believing my child to be in an unsafe environ

Environment. My ex wife has recently entered into a relationship with her blood cousin (Adopted out of the family as an infant, he found her looking for his family). She allowed him to move in with her and my nonverbal autistic daughter without even meeting him - their entire relationship was based... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 20, 2019

If you have a divorce judgment , then the terms of the Judgment or Separation Agreement incorporated in the Judgment as to Custody and visitation, if applicable will be in force until Modified. You have made statements of concern for your child's well-being and a Modification and Motion for... Read more »

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: What can I do when my son’s father is purposely calling him by the wrong name, after it has been legally changed?

My son is 18 months old. Until this past March, his father refused to see him since I left him in January of 2018 (my son was born October 24, 2017). When my son was born, he was named after his father, but due to his refusal to be involved, in addition to legal issues, I decided to change my... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 17, 2019

The visitation center should provide reports of his conduct to you or your attorney for use in Court for a Motion for potential further curtailment of visits and orders to be obtained concerning the discontinuation of former name use by him .You may need a Modification petition if your case has... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: No contact question RE: child custody

I’m in the process of filing for separation support, legal separation and child support. My husband of 7 years committed adultery and deserted his family for one of his employees.

We have 2 children. Our oldest is in therapy and is having a very hard time with this situation, as an I.... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 14, 2019

If you have counsel the attorney should file a Motion for temporary orders concerning visitation so that this third person/romantic interest not be present during visitation as it is distressing for your child who is in therapy over the break up. You should also seriously consider engaging... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Hi, I am looking for a lawyer who does pro bono work. I am on permanent Social Security Disabilty so my income is low.

I am looking to file for alimony. My husband and I have been seperated for 1 year. He does well for himself while I barely make ends meet. I am on a fixed income which makes it almost impossible to live and pay bills with anything left over. Any information or help that could be given or put me in... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 8, 2019

You should consider filing a Motion for a Fund to be paid for your retention of counsel if he does well financially and you are struggling.

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: I have some questions about a family matter regarding my son!
Lillian J. LaRosa
Lillian J. LaRosa answered on May 6, 2019

Youi should contact an attorney with a specific question if it is a legal matter.

2 Answers | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Does the domestic violence victim have the right to meet with a judge to file a legal complaint against their spouse?

Good friend in Massachusetts is the spouse and husband in a domestic violent relationship. Recently asked for divorce in a 22 yr marriage, 4 kids (1 left in the house age 13) and the spouse is physically and emotionally abused. Recently unemployed, and wife does not work. Since asking for... Read more »

Lissa McKinney
Lissa McKinney answered on Apr 28, 2019

No- he does not have any right to meet with a judge privately if that is what you mean. He also needs to proceed very carefully documenting the wifes abuse and outbursts too as in 2 seconds she will turn it around on him and claim he has abused her. And it is likely when a woman claims abuse that... Read more »

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1 Answer | Asked in Family Law, Child Support and Child Custody for Massachusetts on
Q: Unmarried and separated with three kids. As a single mother, what are my rights an what can I do?

Is there a lawyer that I can get with low income?

Joshua H Bearce
Joshua H Bearce answered on Apr 10, 2019

You can file three Complaints for Custody-Support-Parenting Time in the Middlesex Probate and Family Court. You can seek to waive the filing fees if you have a low income. After you have filed, I would suggest filing a motion for temporary orders to obtain an award of child support from the... Read more »

1 Answer | Asked in Family Law for Massachusetts on
Q: I have my daughter full time, he father comes once a week for 1 hr visit.. im going to mexico for a week and he knows

About it, can i just go or do i need to get something written with him siging it so theres no issues? ( she is coming with me)

Meghan L Howard
Meghan L Howard answered on Apr 4, 2019

If you and Father were never married and there is no court order stating otherwise, you have legal and physical custody of your daughter and can take her on vacation with you without issue.

1 Answer | Asked in Family Law and Health Care Law for Massachusetts on
Q: Hi, can I remove my ungrateful, estranged 18 year old son from my healthcare plan?

Son lives in a different state and does not communicate with me. Thank you so much!

Meghan L Howard
Meghan L Howard answered on Apr 4, 2019

It depends. If you have a divorce agreement or court order that states you shall keep him on your health insurance so long as he is eligible, you would not be able to remove him without court approval.

1 Answer | Asked in Family Law for Massachusetts on
Q: If you have supervised visits with a minor child and the mother and father had words. Does the mother have the right to

Hold the child from visitation or does she need to get the court order changed. There is a court order for supervised visits 2 days a week

Joshua H Bearce
Joshua H Bearce answered on Apr 2, 2019

No. The Mother does not have the right to prevent you from having parenting time with the child simply because the two of you had an argument. If the Mother wants to modify the current parenting plan, she needs to obtain a court order. Otherwise, you can file a Complaint for Contempt if she... Read more »

1 Answer | Asked in Family Law for Massachusetts on
Q: Ex-Husband is angry that I introduced my boyfriend to the kids. (He is not a danger to my kids and the kids like him.)

He is threatening to take me to court and "change" things. (My interpretation is that he wants to see if he can get physical custody changed to him. He is also repeatedly texting and calling me and will not stop.

Joshua H Bearce
Joshua H Bearce answered on Apr 2, 2019

If your boyfriend has no prior history which would make it unsafe for the children to be around him, then the fact that you introduced him to the children will not constitute a material and substantial change in circumstances warranting any modification of your parenting plan. I suggest you speak... Read more »

1 Answer | Asked in Family Law for Massachusetts on
Q: Can I file for contempt against mother in court ordered agreement?

I have a court order that says child primarily stays with mom in NC and I have parenting time in MA every month. I am receiving a child support notice from grandparent claiming child is living with her.

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Mar 26, 2019

Yes, you may.

1 Answer | Asked in Estate Planning, Family Law and Probate for Massachusetts on
Q: My full story is below.

My Grandfather passed away on 12/23/18, and had a Merrill Lynch investment account with 3 beneficiary's. My mother, and her two siblings. My mother passed away two months before him,on 10/9/18. The remaining 2 beneficiary's have since split the account 2 ways, and cut my deceased mother, ( and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 21, 2019

It depends upon how the beneficiary desigination reads-does it list the 3 persons as joint tenants with the right of survivorship? Or as beneficiaries in common or does it list further contingent beneficiairies.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Ex-Husband is angry because a boyfriend was introduced to the kids. He is now threatening me via continual texts etc.
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 20, 2019

If the relationship is stable with your boyfriend and he is a suitable individual, it is ok to introduce him to your children. Sometimes there is an objection as to the boyfriend due to details about his past or present which may raise legitimate concerns, but you have not indicated that he has any... Read more »

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: can custody be changed before a court hearing if all parties agree?

16 year old wants to live with father. Mother has physical custody. Both parties have joint legal custody. All parties agree to let him live with his father. Do they have to wait for a court custody hearing or can the son leave now?

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 7, 2019

Unless there is some concern about whether the child's safety or well-being would be affected adversely by implementing an agreement for custody prior to the hearing date, it is generally acceptable. Sometimes, in fact, it is a wise idea to try on the new living arrangement for size to see how... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Massachusetts on
Q: My husband died in 2010. In MA, what forms do I use to start the probate process now? All for death after '12
Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 26, 2019

The form set is for Formal Probate and the documentation to file is the same as for post March 31, 2012 deaths although the law on who is an heir or devisee is different.

1 Answer | Asked in Child Custody and Family Law for Massachusetts on
Q: Recently seperated from sons father, I will be looking for place. do I have the legal right to just move my son with me?

Live in massachusetts. We were never married.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 22, 2019

You have not stated whether there was any Order of the Probate Court involved so far, so it is difficult to answer satisfactorily except that if there are no current Court Orders then with the mother of a child born of unmarried parents presumptively mother has sole legal and physical custody.... Read more »

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: Both parents have been court ordered to use Our Family Wizard. One parent refuses. What do I do?

Non custodial parent refuses to use court ordered Family Wizard to communicate. Has had two months to do it. This parent has supervised visits that that require us to communicate. Tries using family to communicate. Child does not look fwd to going. Can I refuse vistation indirectly by refusing to... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 28, 2019

The other parent appears to be in violation of a Court Order and you can file a Contempt Complaint in order to obtain action from the Court that will address the non-compliance in terms of its effects on the child's bet interests. If you have counsel and there is a contempt finding against the... Read more »

2 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Massachusetts on
Q: What are the steps and requirements needed to terminate my son's father's parental rights in Massachusetts?

My son is 15 months old, and his father has made no effort to see him or even ask how he's doing since I left him when my son was less than 3 months old. I've reached out multiple times with opportunities for visits with no response from him. He has my facebook blocked and has a new number so the... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 17, 2019

If you were divorced did you have a reference to custody and visitation in the agreement or in the Judgment post trial? If this is an unmarried parents Judgment of paternity or custody and support, then the issue of what custody there is would be addressed in that agreement and Judgment. You would... Read more »

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