Nowadays there are more and more times when there are disputes with the school.  Some of the time it does rise to the level of neglect or abuse on the parents or the caregivers but there also seems to be a variety of circumstances where if the parents and the school disagree regarding possible Individual […]

If a child is removed from the parents but there has not yet been a 72-hour hearing, where does the child live? Until the 72-hour hearing is held, concluded and the judge makes a decision, DCF is the one that usually decides where the child lives. DCF has the option of placing the child with […]

What happens if the alleged or punitive father cannot be located or does not participate in any DNA Testing?  The Judge can consider all relevant information including testimony and affidavits; particularly if one parent fails to appear or submit to the testing, you can determine paternity in that action.  What does Home State Refer To? […]

How do I Establish Paternity without a Court Order?  If the parents are not married but both parties agree that the alleged father is in fact the father; there is something called a “Voluntary Acknowledgement of Parentage” it is a form that can be executed and avoids DNA testing in determining paternity.  It is very […]

It should be understood that the unmarried mother has the right to determine a child’s last name.  Even if a father believes that establishing paternity means that the child will automatically adopt the fathers last name, that is not the case. Even if the fathers name appears on the birth certificate, the last name is […]

The court will look at what is in the best interest of the child. This can include things such as the age and the maturity level of the child; the child’s individual and specific needs; the relationship between the parents; the geographical locations of the parents; the parents work schedules; if there are allegations of […]

There are 3 major legal issues related to unmarried parents.  First, is establishing paternity.  Second is child support and third is visitation. For Paternity to be established, you have to show that you are the legal parent. Typically, this is done by both parents signing a form in the hospital or the City or Town […]

In Massachusetts there is an interesting Guardianship case regarding the Burden of Proof to Vacate a Guardianship.  Fairly recently with the decision in November of 2018 the Appeals Court had talked about it being an unsettled law in terms of what the burden of proof is regarding vacating a guardianship; particularly, in probate court. The […]