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COVID-19 Massachusetts Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My mother has court ordered visits of one of my daughters, with the rise of Covid again, I'm not comfortable with it

They have 2 grown children who also live in MA and visit them almost daily, but my mother lives in RI. They aren't cautious, but I don't want to be held in contempt. I've offered video calls and outdoor visits, they won't budge. How do I keep my foot down?

Kimberly Erwin
Kimberly Erwin answered on Sep 12, 2021

I don’t know that you can. If the court order was entered after the start of the pandemic, you most likely need to allow visits. If it was entered previous to the pandemic, I would suggest requesting masks (as well as your other requests) be worn in writing. If they refuse, I would document the... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: I am in a custody battle, with potential trial in August. My fiance and I are getting married

I left my ex when he was cheating again and he then moved in, knocked up and married the other woman. 50/50 verbal agreement was working the best possible. 1 year later I took my ex to court because he began withholding our children from me when I told him I was in a serious relationship. We have a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 9, 2021

So, domestic abuse is a serious allegation and you have not stated the outcome of the charge(s) either. The Court would need to find that there is no risk to the children from being around this individual despite your romantic attachment and the Court could potentially grant father custody. Having... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Massachusetts on
Q: Can a joint custodial parent veto a particular child therapist?

I share joint 50/50 legal custody of my 5 yr old child w my ex. Our agreement was filed w the court in 2017. My ex would like a therapist (who has not yet met our child but has shown bias against me as a non-birth mom) to start seeing our child every other week for therapy. Our current child... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification... Read more »

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Massachusetts on
Q: Do I need to attend the meeting before the pretrial conference? MA probate.

Custody battle. I am filing on terms of parental alienation, emotional and physiological abuse. There's a pre trial conference but the other parties lawyer emailed me stating the court requires a meeting beforehand. I don't feel comfortable speaking in this meeting with just myself and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 11, 2020

If there are no abuse protection restraining orders in place pre-pandemic there was a face to face 4 way meeting required for the parties and their counsel to attend in person sufficiently prior to the Pretrial Conference hearing date to attempt resolution or at least discussion to determine... Read more »

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1 Answer | Asked in Child Custody for Massachusetts on
Q: Can i request That my child’s father gets tested for COVID?

I have Full custody and he was supposed to pick up my daughter today for the weekend. This morning i found Out that he’s been in an Airbnb out of state with 11 other people, no mask no protection. I live With both my parents who are older above 60 with a lot of heath issues. They are both high... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 17, 2020

How do you have this information? Is it in written form? A text or email? If so, you should respond in writing to him- text or email about your legitimate concerns for your child and your household's health and that you urge him to reconsider taking the child for the next 2 weeks while he... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Massachusetts on
Q: What are my options at virtual mediation? Child wants to stay with me and it is much safer here anyway.

High-conflict divorce and custody dispute, with ex having a lifelong history of mental illness diagnoses and treatments. Divorce and custody arrangement finalized in a previous state of residence where she still resides. Child is currently with me in MA and has been since the start of the pandemic.... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 16, 2020

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... Read more »

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