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The hearing is closed to the public. Generally, only the parties to the case are able to be in the hearing and other witnesses have to wait outside of the courtroom. For all parties, you have the opportunity to go over the caseworker’s Affidavit or report and hear the reasons why your child was removed […]

What “ICWA” is, is something called the “Indian Child Welfare Act”. It must be proven at a higher standard than a non-ICWA case. The Petitioner who is generally, DCF, has the responsibility to determine whether the child is a member or is eligible for a membership in an Indian tribe. It is the responsibility of […]

The court will appoint an attorney to represent your minor child and the attorney will not be the same attorney who represents you. The attorney will meet his client and advocate for him or her at all court hearings. If the child is able to speak and convey his wishes, the attorney will follow the […]

In MASS, there have been a great deal of changes in recent years to having your record sealed. Now, most non-convictions, not guilty verdicts and dismissals are able to be sealed immediately. A CWOF( continuance without a finding) is eligible once you have successfully completed the probation and your case has been dismissed. Certain drug […]

The costs of insurance can be prohibitive and is a very important factor in may divorces both for the spouse and children. For the spouse and children most issues are similar: 1. The policy effect 2. What is the obligation of the coverage 3. The duration of that obligation 4. what happens if policy changes […]

Every case is unique but this is a common question. Many people are concerned with ‘abandonment”. This is typically not the issue with leaving the house(in a very few cases it might be) but moving out does impact you case. A negatives include that it sets a precedent and a divorce can take some time […]

In MA, you can dismiss your complaint for divorce. Usually, the other party assents and you can do this administratively. If the other side filed a counterclaim( which is typical) the divorce would still go forward unless it was agreed to dismiss. Either party may seek a divorce even if the other spouse is opposed.

A very difficult decision is in a DCF case that is going before a judge whether a parent should testify or not, or if there is criminal case investigation. Parents do have a 5th Amendment right to prevent testifying if they could potentially incriminate themselves. Criminal defense attorney would strongly recommend that the parents do […]

Many times in probate and family court, the court refers you to probation or family service. What this means is in some contested cases, the court feels that it may be helpful to meet with a probation officer or family service officer(FSO). The term is for the same office. The idea is that sometimes you […]

There are Standing Orders, including Standing Order 2-11, that the court can be allowed to use information from DCF. What can happen is, in many times if custody or visitation is before a Probate and Family Court Judge, there is awareness that either you want to bring up; or the other parent or another party […]