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 […]
You can file something called a “contempt” action saying that the other side has violated the court order. You need to show what the court order is and how it was violated. There are technical requirements but the order should be clear and the violation should be straightforward. The court has a lot of remedies […]
As you probably guessed the answer is YES! Be very careful what you post. I have seen people claim to have no money in front of a judge and be confronted with Facebook posts of expensive vacations or new cars. I have seen many cases where one parent badmouths the other ( and sometimes the […]
In many counties in Massachusetts an ARC attorney can be appointed to represent the child’s voice. It is a pro bono program ( there is no costs to the parties). The ARC attorney acts as the child’s voice in court. This is not available in DCF C&P cases( child counsel may be appointed through CPCS) […]