What is a Guardian?                                                                              A Guardian is usually a person who is appointed by the court and authorized to make decisions for another person; sometimes known as a “Ward.”  The Guardians are appointed for individuals who the court determines not capable of managing their own affairs.  The Court considers most minors of being incapable of […]

There appears to be a proposed agreement in Massachusetts between the defense attorneys and the DA’s office because of the breathalyzer test problems since 2015 with some of the flaws.  A great deal of the breathalyzers was shown to have flaws and showing to have issues with the evidence.  It is not yet approved by […]

What is a QDRO?  A QDRO is a Qualified Domestic Relations Order.  It is a mechanism that the Courts allow to divide retirement accounts in divorces. The technical requirements and it needs to be approved by the Court and it needs to be in conformity with the retirement account as well.  It is a way […]

Should I try and hide or move my assets to protect them prior to filing for divorce?  No.  Not only is it unethical to do so, but you could get into trouble because of you filing documents under the pains and penalties of perjury and testifying before the Judge.  In addition, even beyond getting in […]

In Massachusetts can Pets be part of the Divorce?  When couples divorce, people fight over a lot of different things. Many times, it is financial, such as marital homes, businesses or pensions. There are also custody disputes about children. However, it is becoming more frequent that there are disputes about pets.  Most of the time […]

At a DCF Fair Hearing can Hearsay Evidence and Credibility Issues be brought up?  The Fair Hearing Officer determines what evidence is reliable enough to be used at the Fair Hearing. They may allow hearsay evidence which is evidence that is not made by somebody that is present at the hearing, but by somebody that […]

In DCF Fair Hearings, what does a Litigant need to Prove at the DCF Fair Hearing?  The parent or caretaker must show that the DCF 51A Investigators decision that was supported by reasonable cause or substantial evidence. The Fair Hearing determines whether DCF decisions or the actions that they took violated regulations or that DCF […]

In Massachusetts what are some general paperwork that is helpful to have in a Divorce?  Gathering various documents and keeping them outside the marital home would be beneficial. Obtaining a certified copy of the marriage certificate from the town or city you were married in.  A church certificate is not valid, and the certificate needs […]

Does the Parents Parental Rights need to be terminated in order to Allow a Guardianship?                                                                                                      No.  Many times, in Juvenile Court in a care and protection case, DCF or the Court will want a Termination in Parental Rights, but that does need to occur.  In Probate and Family Court, there is more often no Termination […]

What are ways to Raise Grandchildren in Massachusetts if the Parents are unable, unwilling or unavailable?  One, is there is an unformal process where it is a temporary situation, but you have no legal authority, nor do you have legal authority to sign anything at the school or with the doctors.  The parents have legal […]