If there is an emergency you can file a Motion for Emergency Orders; including on a Complaint for Modification if there is not an active case going on.  If it is not an emergency you can file a Motion for Temporary Orders; which does take some time to get into place.  It is important to […]

You have to look carefully to determine whether it is an emergency or not an emergency.   If there is not an active case going on, it is called a Complaint for Modification,  an Emergency Order is if it needs to be addressed right away.  The court would make a determination about whether it is an […]

This class had previously been a requirement for in person Parenting Education.  Now with COVID-19 it is until further Order that parents still are required to do but can do it virtually or on-line.

The only way this can occur is if the parent files a Petition to change the child’s last name and the court will determine whether it is in the child’s best interest to determine whether that name change should occur or not.

The Judge does have the discretion to either order no visits or supervised visits. It is very rare that there be an order of no visitation that would generally, but not always be involved if DCF or Child Protective Services is involved with a case or criminal case with some significant issues that are being […]

There is answer is normally no.  The older the child is and the more mature and rationale their decision making is the more weight the court will likely to give the child’s perspective, but it determines in part their age, maturity and rationale.  So, for example, if a child wants to live where the parent […]

It is extremely rare in Massachusetts that the court would want or even allow a child to appear in court to testify. There are some rare circumstances that I have had where children were able to testify, but that is something that you would need to courts permission from well ahead of time. Generally, the […]

The answer is no.  Child support and visitation are not hand-in-hand.  The court would not be happy if a parent’s visitation order was denied because of that parent not paying child support.  On the opposite end just because you pay child support does not mean that you are entitled to more visits because of that […]

Generally, the answer is yes.  There would still be a child support order, even if the parents are able to agree on an equal parenting time.  The child support calculations base it on the income of the parties and who pays health, dental and vision insurance.  If there is childcare and who pays the childcare […]

That would be the grandparents; where the court has an assumption that the parents are typically qualified to determine how their kids spend their time. If the parents object to grandparent’s visitation, the moving party has to show why it would be necessary for the child’s best interest such as health, safety or welfare.  Again, […]