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You can hire an attorney to represent you.  At the Fair Hearing you can call witnesses and Subpoena the witnesses; you can get a copy of the DCF records, including the 51A and 51B. The hearing is usually two hours or less in length at the local DCF office where the allegations were supported. Usually, […]

In Massachusetts a Mandated Reporters has to contact DCF when in their professional capacity they reasonably have constant belief that a child under the age of 18 is suffering from neglect and/or abuse.  There is supposed to be an oral report filed immediately and a written report filed within 48 hours.  Further, the Mandated Reporter […]

It is important to realize that the DCF worker is not your friend.  You do not have to get along with the person; you don’t have to like him or her; in fact, it is rare that that occurs. DCF can attempt to hold it against you if you do not cooperate with your worker. […]

It can be overwhelming, upsetting and confusing to receive divorce paperwork even if you are expecting a divorce, never mind if you were unaware. It may be very emotional and easy to ignore or act inappropriately. However, there are some important steps to prepare and respond. You should keep track of when you receive the […]

DCF does have an office of Ombudsman.  It does allow parents or guardians who feel that DCF’s been unfair or unjust, and you have not been able to resolve it with the local DCF office, you can call (617) 748-2444, but some of their decisions is on a less formal than a Fair Hearing.

You can file an Appeal requesting a “Fair Hearing”.  This is your opportunity to argue about the DCF decision.  There will be an Administrative Hearing Officer, who is not involved with the case, who will decide whether DCF was correct or incorrect under the law and the facts.  If you are successful, then DCF Fair […]

The answer is yes you can.   You can either execute a new will or execute something called a Codicil to your Last Will and Testament. These cannot be simply handwritten changes, as they will generally not be recognized and can make it more confusing to probate the Will. They can also lead a dispute between […]

You should keep your estate planning documents either in a fire proof box in your home desk or a file cabinet in a home office. In addition, you should inform your loved ones that you have executed the documents and you can also see if you want to have your attorney’s office keep a copy […]

You cannot automatically do this, you do have to file something called “Complaint to Remove the Child from Massachusetts”, and the judge has to determine that it is in the child’s best interest.  

Probate is a form of court proceeding that Massachusetts requires in order to determine legally who is entitled to inherit your property. The reason behind it is to show that the deceased will is valid and executed in accordance with the laws of Massachusetts. Once it is declared valid by the Probate Court, the court […]