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Guardianships

Even with intact families, there are often conflicts over what seem to be minor issues like “what’s for dinner?” However, in divorce and high conflict custody cases parenting styles may come into major disagreement arising from differences in religion, medication, sports, etc. Often parents cannot compromise and request that a judge get involved in what […]

If DCF decides to place children away from the parents or guardians DCF policy is supposed to look for “family first” as placement such as grandparents, aunts and uncles, cousins( also to a certain extent family friends, teachers etc.).  The reason is that the transition will be easier for the child.  You should at least […]

Talking to social workers, court investigators and GAL’s is stressful.  They are looking at you like you are on stage and looking to see if you are a loving, stable and thoughtful parent. A few hints are:  keep focus on children not your or significant other or ex if you need to make focus on […]

There is relatively new law regarding children in foster care or residential treatment.  There is a presumption that child should go to the same school( school of origin) and DCF has a meeting to make this determination.   Parents and children should have a voice as many times DCF will aim for having child go […]

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 […]

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 […]

You can file something called a “contempt” action saying that the other side has violated the court order. You need to show what the court order is and how it was violated. There are technical requirements but the order should be clear and the violation should be straightforward. The court has a lot of remedies […]

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 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 […]

Where do you begin in a guardianship? You have to determine that guardianship and it is a legal process for adults who have been diagnosed with a medical condition and are unable to make or communicate effective decisions about their everyday care; health and/or safety. A Massachusetts Judge can appoint a guardian to make some […]