In Massachusetts if somebody objects to a Motion to Dismiss, they are entitled to have a trial. Occasionally the judge might give some strong indications of what he or she may do and it might not make sense to go to trial but many times parents have tried to a Motion to Dismiss prior to the trial date and if DCF objects, or child’s counsel, or the other party generally the court is going to schedule it for trial and have the opportunity to have a trial rather than a Motion to Dismiss prior to trial.
