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, […]

For most purposes it does not matter whether they are unmarried or divorced.  However, if you are the paternal grandparents there has to be paternity that is established by father before you can seek visitation rights.

In Massachusetts you need to file a Petition which is a form you can get from the Probate and Family Court or Juvenile Court in occasional circumstances.  Where the Court that has been making the custody and parenting schedule regarding your grandchild and in that Petition, you should describe not only your proposed visitation schedule, […]

During the COVID-19 pandemic, what is a drop box for court pleadings? Courts may have a secured drop box that is outside of the courthouse and allows a place to deliver pleadings or documents for filing rather than needing to go into the court to hand it to a clerk.  You should check with the […]

It seems to be taking a lot longer to process my court paperwork in Massachusetts and/or to get in touch with staff.  Is there a reason for that? There is a trial court order that at least until April 5, 2021, that the court staff offices have no more than 50% working in a court […]

I heard that people are not allowed to bring cell phones into court.  If my hearing is in person, am I allowed to bring my cell phone to court?   During COVID-19 the Supreme Judicial Court of Massachusetts has allowed the parties to bring their cell phones into court with them.  You still want to be […]

During COVID-19 if the hearings either in person, by phone or by zoom and I need an interpreter; what should I do?    You should contact the court directly; or if it is a trial court matter you can call 1-833-912-6878. Are masks required to enter into a courthouse? Yes.  Everyone is required to wear a […]

The answer is it is not confidential, meaning that the DCF worker can tell his/her supervisor, people in his/her office, can also tell a Judge everything that you say to him/her.  DCF will make written reports including dictation.  So, it is important that what you talked to DCF about in substance and in style are […]

I have 3 dogs and have had cats in the past.  I know the emotional attachment that can occur with pets.  However, Probate and Family Court and the laws do not bring up the same sort of best interest standards that there is for a child or the emotional attachment piece.  Under the law, pets […]

The Massachusetts law is still evolving but in child custody disputes there are significant advantages to a parent that adopts a child and the Massachusetts courts is still having issues addressing where a child is the biological offspring of one parent but the other parent did not complete the formal adoption process prior to the […]