If a prior court order no longer works for the parties or circumstances change the party may seek a modification. The party must file a complaint for modification to change a judgment. A further temporary order may change a prior temporary order. The most common changes are alimony or spousal support, custody and parenting time […]

The court will appoint an attorney to represent your minor child and the attorney will not be the same attorney who represents you. The attorney will meet his client and advocate for him or her at all court hearings. If the child is able to speak and convey his wishes, the attorney will follow the […]

The costs of insurance can be prohibitive and is a very important factor in may divorces both for the spouse and children. For the spouse and children most issues are similar: 1. The policy effect 2. What is the obligation of the coverage 3. The duration of that obligation 4. what happens if policy changes […]

Every case is unique but this is a common question. Many people are concerned with ‘abandonment”. This is typically not the issue with leaving the house(in a very few cases it might be) but moving out does impact you case. A negatives include that it sets a precedent and a divorce can take some time […]

Many times in probate and family court, the court refers you to probation or family service. What this means is in some contested cases, the court feels that it may be helpful to meet with a probation officer or family service officer(FSO). The term is for the same office. The idea is that sometimes you […]

As you probably guessed the answer is YES! Be very careful what you post. I have seen people claim to have no money in front of a judge and be confronted with Facebook posts of expensive vacations or new cars. I have seen many cases where one parent badmouths the other ( and sometimes the […]

In many counties in Massachusetts an ARC attorney can be appointed to represent the child’s voice. It is a pro bono program ( there is no costs to the parties). The ARC attorney acts as the child’s voice in court. This is not available in DCF C&P cases( child counsel may be appointed through CPCS) […]

Removing a minor child from MA usually requires consent of both parents or a court order. The standard is a “real advantage” which means that the parent seeking removal must show a “good sincere reason” for the move. the court should assess the child’s best interest. There are differences depending on if prior agreement and […]

In guardianships of a minor there is a legal process where a child under the age of 18 is not in his/her parents care. In Massachusetts a Judge can give custody and care of that child to a guardian if a couple of things occur. 1. If the parents give permission; or the court finds […]

Many people may have heard of a Guardian Ad Litem, but are not sure exactly what it does. What a GAL does is that it provides information and helps assist the Court in disputes relating to family or probate matters. There are different categories of a GAL; including an Investigator; Evaluator; and a “Next Friend”. […]