Massachusetts Child Custody Legal Questions

You should consult with an experienced family law attorney to review your options. It sounds as if you and the father were never married. Is he paying child support? Is there a DES establishment case? There wold appear to be a couple of options. One is to file a paternity action, to establish your sole legal decision making (custody) authority. The second might be to file a petition in the Juvenile division of the the Superior court to terminate father's parental rights. Both of these actions are fact intensive, meaning that you must provide the attorney you consult with a great number of facts, because there may be facts that you have not related here which suggest the better option to reach your goal. Of course, there may be additional options available that can be explored with counsel. transmission and its attachments without reading them.... Read More

You can not take the child out of the country without his consent or a court order., It is very difficult to obtain an order allowing you to take the child out of the country. But who told you that he must agree to the divorce. Not true. He can be ordered to pay you support for you and the child, if appropriate.... Read More

If your daughter is cooperative, she would sign her assent to the guardianship paperwork, once the child is born. You should communicate your desire to DCF if they are actively involved with her now. Otherwise, you should speak with an attorney to draft the paperwork and have it ready to be filed soon after the birth. Best wishes for a healthy baby.... Read More

It is very likely that your Husband will be allowed to adopt your daughter. Your Husband will have to file for the adoption and follow the applicable court rules. If there is no objection by the Father, then the court will most likely allowed the adoption. If you need assistance with the adoption, you can contact my office at 617-410-6467. ... Read More

Steven,  Your rights are dependant on the terms of the court order. If you have joint legal custody, then you should have input regarding major medical and educational decisions. If you would additional information about your rights, do not hesitate to contact my office at 617-410-6467.  Best, ... Read More

The state in which the children reside will typically assume jurisdiction. If neither of you are living with the children, then whoever has the children should be petitioning the court to be appointed legal guardians of them. It doesn't sound like a very smart system that both of you have created.... Read More

There is a lot of information that I don't know that can effect your ability to use this in court. How did you obtain the emails? Did you obtain them lawfully or unlawfully? Did you obtain them from discovery? Are the emails communications between spouses during a marriage? As a general rule, judges don't encourage illegal acts. If you obtained these emails unlawfully, then a judge probably won' let you use them. If the emails are spousal communications, they may not be admissible. If they were obtained properly and not spousal communications or some other privileged relationship, then you may be able to offer them into evidence. However, you must still authenticate the documents. This means that you must establish that they were sent to or from your ex. If you authenticate them as coming from your ex, then they should be admissible. If they were sent to your ex, they may be considered hearsay and not be admissible.... Read More

The short answer is that she should be sending those things. Unfortunately, the question becomes whether it makes sense to petition the court regarding these matters. You may consider retaining an attorney at first for the limited purpose of opening a conversation with the mother about her responsibilities and obligations.... Read More

The father would need to file a complaint for paternity. If your daughter moves prior to that she will need to live in the new state for six months. Massachusetts has a removal statute. If your daughter can demonstrate a rationale basis for the request. It cannot be just to move away from the father.... Read More

The short answer is yes. Restraining orders are difficult in Louisiana. We have one of the most progressive restraining order laws in the country, but that is not without its difficulties. Your wife, could in theory, cause potential problems for you if she decides to call the police while you are together. There are defenses to this, and, more importantly, there are things you can do in advance to protect yourself. An attorney with experience in domestic violence in Louisiana, much like myself, will be able to properly advise you.... Read More