If the Court finds the petitioner for guardianship to be suitable and in your best interest after first having the petitioner appointed temporarily usually there would then be a trial date for appointment of a permanent guardian for you until age 18. Sometimes the parent(s) assent to temporary or... View More

It can be used as a defense to the request for an increase in child support but not to lower an existing child support order.

Not sure what you are trying to do at this point. If counseling is ordered then you should comply with the Court's Order. Is there a review hearing date? If so you will need to report that counseling has not gone well and are concerned that there should be separate individual counseling for... View More

There is a Public on-line Probate & Family Court docket search you can do to check the status of your case Its unclear what your case was- divorce, paternity, etc. Was the MDOR /CSE involved in obtaining child support orders? if yes, then follow up with the MDOR. If not, you can seek an... View More

Has your case gone to trial or is it at the temporary orders stage? Temporary orders can be changed as circumstances change ,so although there is an Interlocutory appeal process generally cases are appealed that have gone to Judgment and there are rules of procedure that must be promptly followed... View More

The pretrial order you received from the court should explain exactly what you need to do and when. Some judges require the parties to meet at least a week or two before the hearing. If you decline to meet the other party's attorney will likely bring that to the court's attention. This... View More

No. But your child support payment should not be decreased, as is now the standard for when a child reaches the age of 18.

If your mother has no legal authority at present, if you try to simply “take” your daughter back, she may try to go to court to get temporary guardianship anyhow. Do you have any contact with your daughter’s pediatrician? Since you have legal custody of your daughter you should be included as... View More

Recordings are not permitted without consent of the recorded person in Massachusetts. Your mother is authorized to inform him it is unacceptable behavior and may need to address this behavior which is likely being prompted by his father via a Modification of the terms of visitation and possibly... View More

This is not a typical construction of a decision concerning the child's health and education and recreation. Does your stipulation discuss this question of additional children ? I've never seen this coming up! It sounds like an intrusion and could well be a violation of public policy that... View More

Depending upon what Petition the joint legal custody was ordered temporarily or finally adjudicated, either a settlement agreement called a Stipulation to be entered as a Judgment if it was a temporary order or if the joint legal custody was a permanent Judgment then by a Joint Modification... View More

Whether or not he pays his child support will not affect the custodial issue nor the removal issue, but it does not reflect well on him and is a part of the whole set of circumstances the Court uses to evaluate the removal petition. Is this joint physical or joint legal custody you are referring... View More

Because the child has not been living in Massachusetts for at least 6 months, our Probate Courts do not yet have jurisdiction over custody and visitation as the former state of residence still is the home state until then. However, if there is a safety concern about the child going to the other... View More

As counsel has already stated if she's making defamatory statements about your business that is an issue outside your divorce. However, I do think there are issues you could address in your divorce on other matters. First, would be a potential modification if you are unable to make payments... View More

If there is any problem, then you should engage counsel to represent you to have the record rectified.

Is there a Modification petition pending? Has your visitation been limited by any Court Order? If not you may file a Modification Complaint of your own if the circumstances have changed materailly since your prior orders. You could check the docket on line to see whether counsel for the child was... View More

Good question. It really depends on the agreement that you came to with your ex when you moved away. If there is any restriction about moving to any state other than TN, then obviously it would be an issue.

Realistically, there should be no impact on your ex if you are paying for the... View More

Yes, The name of the provider should be provided to the other parent.

That is really hard to say without knowing the specifics of the Separation Agreement that was signed as part of the divorce or divorce judgment if it was decided by a judge. It isn't all that uncommon for one spouse to stay in the home until the kids finish school and then the house sold at... View More

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answered on Apr 25, 2020

While I practice in Florida, not Mass., in most states, courts cannot “force” a parent, against his or her will, to spend time with a child, but many can sanction a parent for their refusal, in some way, as forcing you seems contrary to the child’s best interest. Further, the court can... View More