Massachusetts Child Custody Legal Questions

Were you able to get the matters resolved? You asked this question beginning of the month, so I am assuming by now you have resolved the issue. If not, please contact my office and let's see what can be done.    Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

Coming from a mental hospital might be difficult to get the child back however it's not impossible. What were you going in for? Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

What Part of my MA are you from? We are from Springfield. Regardless of the arrest, and we do not know what crime, but that shouldn't matter as you already have supervised visitation. The only way she can deny you seeing the child is if she has permission to deny visitation from the court. You can use this opportunity to file for contempt of court on her side if she refuses multiple requests for supervised visitations. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.  ... Read More

It would depend on the judge and the court. Most judges will accept the current order with a petition to make it permanent, while some judges will be able to entertain the request without any problems. Is this part of a divorce litigation or separate? I would leave it as is, and make changes down the road if and when things changes. This will save the hassle and stress. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

Hi, in Massachusetts they do have a list Guardians Ad Litem that will do an investigation that is state-funded.  You should write an motion to request one and ask the state to pay for it when you are at the hearing explaining to the judge you are indigent.  Best of luck.     ... Read More

Dear Anonymous ,  In order to change the current schedule you have to petition the court or reach an agreement with the other parent. In order for any attorney to give you advice it is necessary to know more about the situation. If you would like additional information, you can contact my office at 617-410-6467.  Best, ... Read More

Dear Anonymous,  The answer is dependent on whether or not DCF has custody of the child. Based on what you have said, it appears DCF has custody. If DCF has custody, then you will have to petition DCF for custody. If they do not have legal custody, then you will have to file for a guardianship.   ... Read More

You need to follow the provisions contained in the order which you reference.  If there has been a material change in circumstances which would call for other arrangements, you can file a complaint for modification.  If you want to keep the order as it is but want to enforce compliance, you can file a complaint for contempt.  Good luck. ... Read More

Dear Anonymous,  Although there are exceptions, Massachusetts does not have jurisdiction over the children until they have been living in Massachusetts for six months. This may factor into whether or not you decide to immediately move back to NC. In order to advise you on whether or not the court will likely allow you to remove the children to NC, I would need additional information.   Do not hesitate to contact me directly at 617-658-3529 to discuss your options. ... Read More

Dear Anonymous,  Based on your message it appears that you are going to end up in court. As long as you are providing a safe environment for your child, there is no reason to assume that the court is going to order that the child be taken away from you. If you are being abused, then if possible you should remove yourself from the situation. If you have further questions, do not hesitate to contact my office.  Best, ... Read More

I have dealt with this many times before. Your ex is not allowed to make medical decisions without your agreement, unless the divorce decrees allows for it.  If the divorce decree does not allow it, then you should contact the doctor and notify him/her that you have joint legal custody and these decisions should not be made without.  You also discuss with the doctor why the medication is needed.  You may also file a motion for contempt against your ex for violating legal custody.  You should consider taking your daughter for a second opinion with your notice to your ex and see if the prior diagnosis and course of treatment are valid.  The court will want to know if there is a valid medical reason for the psych medication.  Best wishes.... Read More

In Mass, the child's maturity impacts how much weight the court will give to a child's preference. The more mature the child, the more weight the court will give her/his preference. The court will also look at whether the child's decision is being improperly influence by one or both parents. The best way to help your children would be to file a modification request and ask to appoint a guardian ad litem.... Read More

M.G.L. chapter 208, Sec. 30 prevents the removal of a minor child from the Commonwealth without consent of the other parent unless unless the court upon cause shown otherwise orders.  So, if the other parent does not agree, you may petition the court to allow you to relocate.  Many thanks... Read More

Sean, if you can establish that your daughter will suffer harm by remaining with her mother, than you may ask the court to issue a temporary order changing custody to you.  Otherwise, the process to get a final order will take several months, which may or may not be complete prior to her turning 18 years old at which time she may move in with your without her mother's consent.  If you decide to wait until she turns 18, it is important to file a modification of child support as child support will remain payable to mother unless the court orders the change.  Please let me know if you have any other questions.  Many thanks.  Kevin Rauseo... Read More