In Massachusetts there is not a formal procedure for emancipation where a child ends the parents right to control the minor child or the parents right to participate in decision making about the child. If a child becomes emancipated, the parents lose their rights to determine where the child lives, goes to school and things […]
03
Jan
Does an Uncontested Divorce in Massachusetts require a Court Hearing? Yes. There is a court hearing even if there is a full Agreement and the divorce is uncontested. The Judge has to find that the Agreement is “fair and reasonable” and that the children are protected appropriately. You do need to go in front of […]
01
Jan
In Massachusetts How does a Judge decide Custody if the Parents are not married? The mother has sole, legal and physical custody of the child if there is no court order and the parents are unmarried. However, going into court you can get a custody order such to either ask that the father seek sole […]
26
Dec
Can Children go to Court to Testify about who they want to Live with in Massachusetts in custody decisions? No. The courts do not want children to be directly involved with the Judge or the court process. There can be exceptions. However, there are ways to get the child’s voice heard; including a Guardian Ad […]
20
Dec
What Happens in Massachusetts if we Change our Mind about a Divorce, but it has already been Filed? You and your spouse, if you are both in agreement, can agree to Stipulate to Dismissing the Divorce action and you can always re-file in the future. What is the Difference between a Divorce and an […]
17
Dec
In Massachusetts Do I have to go to Court to get the Divorce Finalized? Even for an uncontested or a simple divorce you do need to attend a hearing before a Judge and testify under oath to simple questions like the date of marriage, if it is an irretrievable breakdown, if you filled out […]
13
Dec
In Massachusetts What is a No-Fault Divorce? There used to be that in a divorce you would have to prove that your soon to ex-spouse had done something wrong to be able to be granted the divorce. For example, adultery, abuse, insanity and things of that nature. It used to be difficult to get a […]
10
Dec
What is Guardianship of a Minor? People ask what is Guardianship of a Minor? It is a legal process of a child that is under the age of 18 and seeking custody for that child who is not under the parent’s care. Massachusetts can give custody and care of a child to a guardian; either […]
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