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 the procedures. You can have a hearing to determine that you should get custody back, and the guardianship should end.
If the Court Changes the Custody Order, but the Divorce Agreement Allows my Ex-Spouse to claim the Children. Can I now Claim the Children on Taxes?
The answer is you would need to have that addressed in Court. Either when you got custody by filing a Modification Agreement or by getting a Stipulation with the other party. You can not automatically claim your child for taxes, if there is a Court Order, saying something different. You would need to go to court with a Modification.
In Massachusetts if the Parties are in agreement before the Pre-trial Date, how do we Proceed?
The parties can reach a full Agreement, write out that Agreement and have a Notary sign the Agreement and can either wait for the Pre-trial date to have the court approve it or at times can request an earlier uncontested court date before the Pre-trial date.
There is a Divorce Action Pending, but no Custody Orders in Place Yet. Can I Take My Child Out of State?
It is better practice to get a court approval through a Temporary Motion or even in certain circumstances an Emergency Motion prior to going out of state. At a minimum you should provide your spouse copies of the itinerary and get written permission even if it is through an email or a text.