Massachusetts Family Legal Questions

Grandparents do have rights in Massachusetts. Your proposed visitation plan is very reasonable. Grandparents do not have the same rights as a parents. If you need additional information, do not hesitate to contact my office at 617-410-6467.  I have also written an article on the topic. It can be found here: http://somervillelawoffice.com/spousal-tales/massachusetts-grandparent-visitation/... Read More

In regards to your daughter, the court will determine who lives with her based on her best interests. This is a very vague standard and depending on the Judge you will get a different answer. Without knowing the details of your situation it is impossible to provide advice.  If you and your fiance can be amicable, then there are a couple options. One person can buy the other person out or you can sell the house together. If the two of you cannot agree, then either party may force the sale of the house. This is very expensive because the court will appoint an attorney that will be paid hourly to sell the house. ... Read More

It is very important that you keep a detailed record of each visitation. If there are any future signs of physical abuse, you should bring the child to the doctor. The doctor is a mandated reporter and will report the incident to DCF. Depending on the date of you next hearing you may want to schedule an earlier hearing and request that father not have visitations if he is not going to exercise his parenting time. ... Read More

It would be advisable to have a lawyer. Grandparent rights, ie visitation, etc., is not given the same look at by the courts as it would be from custodial parents. Each case is different. Please call my office should you wish to speak to a family law attorney. John N. Tramontozzi, Esq. 781-662-0900... Read More

BECAUSE you fired your attorney, she MUST withdraw from your case.  Otherwise, her name is going to appear on everything at the court and she will get sent all of your orders, etc.  As for the rest of your question, you do not need an attorney, but it sounds like one would be helpful to help you sort things out.  If you have an agreement that covers your request to move out of state then you probably don't need to file the Petition, but if it doesn't, you should.... Read More

You asked:  How can I help my Mom if my brothers have POA?Additional Details:I used to help my Mom with her paperwork and my boyfriend used to do her house repairs labor-free. Now that my brothers have POA, they do not want me to keep my Mom well-informed so that she can continue to make her own decisions, They do not want my boyfriend to do any more of her house repairs and have started over-charging her for repairs that do not need to be done. What can I do to help my Mom? In most states, there is a difference between a POA (Power of Attorney) and a guardian.  A POA normally authorizes the designated person to make financial decisions on the other person's behalf, but if the person is mentally sound, that person can also make decisions on her own.  If your brother has a guardianship, then it may be that your mother is not permitted to make a decisions on her own.  If the POA was signed by your mother, and if you mother is of sound mind, then she can revoke the POA and either sign a new one designating someone else as her representative, or not designating anyone.  If this is a court ordered POA, then you may have to file a motion to change the designated person. Stu Shafer... Read More