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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 […]

What are some Documents that Would be Useful for Either a Divorce Attorney or a Divorce Mediator?  There are specific forms that mediators and the courts are going to require to be done that include biographical information and financial information.  You will need to have such things like names, addresses, dates of birth, date of […]

Is Mediation always the Best Approach?  Mediation is not for everyone. There are a lot of times where mediation is not appropriate. If there is a restraining order, if their perspectives regarding physical, emotional or verbal abuse that maybe good reasons not to.  If one party has their judgment impaired whether that is from substance […]

I am concerned that with Divorce Mediation that my Spouse and the Mediator will try and have me work on the Marriage to avoid getting a divorce.  This is one that sometimes people think that mediation is couples’ therapy, but the divorce mediator’s job is to work through the issues in a divorce, to try […]

What happens if I am for Trying to Resolve the Case through Mediation, but I do not want to be in the same room with my soon to be Ex-Spouse?  This is a frequent question that people say that I can’t stand being in the same room with their spouse and there are always arguments.  […]

It depends on the local practice. Many of the Courts that I am in, parents are certainly entitled to go but are not required and parents missing that date will not be held against them versus missing other dates.  At the end of date, most of the time it deals with the status and making […]

The report should have all the identifying information about the parents, children, legal names, legal history, such as date of marriage, divorce, court docket numbers, paternity and things of that nature.  What the issues are, and the allegations listed in the DCF Affidavit should include some family history, the conduct of the parties prior to […]

The court in every care and protection case is supposed to appoint a Court Investigator that is not part of DCF and not representing any of the parties. Similar in many ways to what is called a Guardian ad Litem report that you would typically see more often in Probate and Family Court.  The court […]

If you Lose at Trial for Termination of Parental Rights, can you Appeal? The answer is Yes, you can appeal in Massachusetts. However, if you wish to appeal, you must file a Notice of Appeal and you need to file this as soon as possible. There are strict time requirements.  The attorney can say, if […]