Massachusetts Family Legal Questions

Because you did not sign the birth certificate, you will need to file a Petition to Establish Paternity.  If not already done, you may want to request a DNA test to confirm that you are the father as a Paternity Judgment is conclusive and cannot be changed if you discover later that someone else is the biological father.  In this proceeding, you can request joint custody and for an order child support and health insurance as well as raise concerns for the physical abuse.  If you have immediate concerns for your daughter's safety then there are other options available to protect her.  Please let me know if you have any other questions.  Many thanks.... Read More

Searching on this website, Lawyers.com, you will be able to search for attorneys who are experienced in family law area.  Many lawyers on this website have been rated by judges and other lawyers, which provides some background on the lawyers' experience.  When selecting a lawyer, the hourly rate is an important consideration but should not be the sole criteria.  Some lawyers with higher hourly rates may be more efficient than his/her counterpart with a lower hourly rate.  YOu should also interview several lawyers to gage with which lawyer you will work best.  Many thanks.... Read More

If your girlfriend is not willing to work cooperatively in either selling the house or working with you on a buyout, then you will need to file a Petition to Parition in the Probate and Family Court (or Land Court if you own registered land).  The court will appoint a commissioner to sell the real estate and divide the proceeds.  The court may also allow one party to purchase the property from the other at fair market value.  Many thanks,  Kevin Rauseo.... Read More

Under Mass. law, the court may correct the waste of a marital asset by awarding you a similar amount from another asset, such as the equity in a house or an investment account.  If your husband has access to other assets, it is recommend that you file for divorce promptly and request order preventing him spending any additional assets.... Read More

Dear Anonymous,  To get divorced you do not need an attorney. You can go to the court house and file for divorce. Depending on your situation the court may order your husband to pay for your divorce attorney. This is typically the case if one party is holding the assets. An attorney will help advocate for you throughout the process. If you have any further questions, do not hesitate to contact my office. ... Read More

Under the custody arrangement that you state, your X has no authority to dictate or block your decisions as long as they're reasonable , do not interfere with his visitations, promote the well being of the child and family (including school attendance) for special once a year events such as this I don't think it's unreasonable.... Read More

Dear Anonymous,  I am sorry to hear about your situation. If you received a Judgment granting you custody, then it should be valid. The Uniform Interstate Family Support Act (UIFSA) governs the case and the case is still presentable.  If you have any further questions, do not hesitate to contact my office at 617-410-6467.  Best, ... Read More

First there needs to be a determination whether there is a marriage between the spouses which will require a divorce action to disolve. A marriage is found depending on the length of cohabitation and other common factors between the parties. In such an action the Massachusetts Probate and Family court has jurisdiction over matters related to your children, the court decides what's the best interest of the children under your circumstances. Through divorce or other court action, the custody of minor children is usually granted to the Mother with visitation rights to the Father, however, that will not automatically entitle a mother to remove the children from the Commonwealth, which requires approval of the court. It is best for you to discuss the many missing details of your case with an attorney to obtain a more complete advice.... Read More

Dear Anonymous,  Alimony is based on need and is limited to 30% to 35% of the difference in the parties income. The durational period for marriages under 5 years is 50% of the months married. Your requirement to pay alimony will be based on his need. The emails and an analysis of his expenses can prove his under the table income.  Do not hesitate to contact my office for additional information. ... Read More

Dear Anonymous,  The answer to your question is dependant on your divorce or custody agreement. If the agreement does not give you the express right to remove the child, then you need the court's permission to remove your son.  Do not hesitate to contact me with additional questions. ... Read More

Dear Anonymous,    The court realeased new child support guidelines that addresses what will be included in gross income for the purposes of child support. Here is a link to the guidelines: http://www.mass.gov/courts/childsupport/2013-child-support-guidelines.pdf That being said judge's are allowed to deviate from the guidelines and it is possible that a could would take into consideration a new spouses income.  For additional assistance, do not hesitate to contact me at 617-410-6467.  Best,   ... Read More

Dear User,  QDROs are legal documents that typcially transfer a substanital amount of money from one spouse to the other. In addition to drafting the QDRO it is important that it is processed in a timely manner. I recommend QDROease.com for your QDRO needs. It is a Massachusetts company that handles the whole QDRO process. ... Read More

In order for your future husband to adopt the child the Father will have to voluntarily agree to the adoption or you will need permission from the court. If the Father is not agreeable, then the court will have to find that Father is unfit.  If you need additonal information, do not hesitate to contact my office at 617-410-6467.    Wyckoff Nissenbaum www.SomervilleLawOffice.com... Read More

The answer is dependent upon the terms of your divorce agreement. The new law does not allow modifications of agreements that are surviving. If you are unsure, then I suggest you discuss your situation with a local Massachusetts' attorney.    Wyckoff Nissenbaum, Esq.  somervillelawoffice.com... Read More

If there are no orders of the court, then you both have the legal right to have parenting time with the child. It is also important to always keep in consideration the best interests of the child when exercising your parenting time. Because each and every court ruling varies greatly based on the facts I suggest you contact an attorney to discuss your options.  You can reach my office at 617-410-6467.    Wyckoff Nissenbaum SomervilleLawOffice.com... Read More