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In Massachusetts you have to file something called “Complaint for Annulment” in Probate and Family Court for the county that you and your spouse lives; or if one spouse still lives in the county that the couple last lived together the Complaint should be filed in that county.  You can get the Complaint for Annulment […]

In Massachusetts getting an annulment is very difficult.  An annulment is not just because the marriage was short. There has to be some significant legal criteria for you to meet in order to potentially get an annulment and the party can contest the annulment. So nearly all cases are divorces rather than annulments.  There are […]

A divorce ends a legal marriage while an annulment means that the marriage never legally existed. To qualify for an annulment, it has to be found to be either legally void or voidable which basically means invalid.

In something called a Care and Protection of Erin 443 Mass 567, 571 2005.  The court determined that a burden of proof on a petition for review and redetermination that the parent must make the initial showing of the change circumstances but then that the burden shifts back to DCF that has to prove by […]

In 2018 in the Guardianship of Calvin 94 Mass Appeals Court 448 2018 the court concluded that the parent needs to make the initial showing of a change in circumstances; such as the child no longer in need of a guardian but once the parents satisfies the initial “Burden of Production”, the guardian then bears […]

It shows that a child requires proof that a defendant wantedly or recklessly engaged in a conduct that created substantial risk of serious bodily injury or sexual abuse to a child who wantedly or recklessly failed to take reasonable steps to alleviate such risk where there was a duty to act. There are issues about […]

The answer is essentially, yes and no. There are not any legal constraints for DCF in terms of saying what they can see; so if they are asking to see where the children sleep or if there is food in the kitchen; or even asking to see the parents rooms, basement or the attic or […]

At a 51A allegation that is supported does not show up on your Cori. If there is a related criminal charge, the criminal charge will but the DCF finding does not show up on your Cori.

It depends on whether it is considered an emergency response or a non-emergency.  In a non-emergency response, typically they will assess the child’s safety within 3 business days and can take up to 15 business days to complete the response and report. There are a variety of times that there are extensions for emergency responses […]

If DCF determines that the report does not meet DCF’s level of suspected abuse or neglect, then it would be screened out.  The family is supposed to get written notification and if there is a mandated reporter, such as a teacher, nurse, clinician they would receive a report as well. If the screener determines that […]