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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 […]

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 […]

What are some Details of Fair Hearing?  A Fair Hearing is under 110 CMR 10 210.36.  The purpose is in part for the consumers to allow foster care providers pre-adoptive and adoptive parents the Fair Hearing under that section. For biological parents they can request a Fair Hearing under 110 CMR 6.12.  For the biological […]

In Massachusetts in a DCF or DSS Case, Can I find out Who Filed the 51A Report and can I read it?  DCF is not allowed to tell you the name of the person who reported you. Sometimes the person could be anonymous; other times it is easy to tell who called, DCF will not […]

In Massachusetts, how is Marital Property Divided?  First, you have to determine that it is marital property.  Massachusetts is an equitable distribution state where the Mass. General Laws have Section 34 factors that the Courts look at; which include the parties and variety of other circumstances that can be looked at to determine whether it […]

If one Parent Moves out of the Home and Leaves the Children with the Other Parent, does it hurt the Parents chances of getting Custody?  The answer is yes.  Every case depends, and it depends on what’s in the children’s best interest, but a lot of the time the Court wants to keep as much […]

Can I Request that the Other Parent not Allow the child to ride with a Grandparent who Has Physical Limitations or a Significant other of my Ex-Spouse who Has Drinking or Drug Issues.  That is certainly something that you can request of the Court.  You can have this as part of a Court Order or […]

If Grandparents have a Guardianship because of some past issues that I had, but now I have my Life back in order. What can I do to get Custody Back?  You can do a Complaint to Terminate or Vacate the Guardianship.  You will need to file the appropriate paperwork with the Probate Court and follow […]

If Child Support is behind, What Can I Do?  You can check with Department of Revenue (DOR) and find out the status of your case.  You can also file a court action for Contempt, depending on how late it is with DOR and seek attorney’s fees as part of your contempt action. If a Parent […]

What if my spouse won’t agree to a Divorce?  In Massachusetts it is not required that both parties cooperate with the Divorce proceeding. Only one spouse needs to decide that he/she wants to pursue a divorce action. You do have to have the other party served; which will commence the proceeding and you can go […]