Alexander Nesson – Page 35 – Law Office of Alex Nesson

How do I File for an Annulment?

Posted by Alexander Nesson
On September 26, 2019

In Massachusetts you have to file something called “Complaint for Annulment” in Probate and Family Court for the county that you and your spouse lives; or if one spouse still lives in the county that the couple last lived together the Complaint should be filed in that county. You can get the Complaint for Annulment […]

Posted by Alexander Nesson
On September 23, 2019

In Massachusetts getting an annulment is very difficult. An annulment is not just because the marriage was short. There has to be some significant legal criteria for you to meet in order to potentially get an annulment and the party can contest the annulment. So nearly all cases are divorces rather than annulments. There are […]

Posted by Alexander Nesson
On September 19, 2019

A divorce ends a legal marriage while an annulment means that the marriage never legally existed. To qualify for an annulment, it has to be found to be either legally void or voidable which basically means invalid.

Posted by Alexander Nesson
On September 16, 2019

In something called a Care and Protection of Erin 443 Mass 567, 571 2005. The court determined that a burden of proof on a petition for review and redetermination that the parent must make the initial showing of the change circumstances but then that the burden shifts back to DCF that has to prove by […]

Posted by Alexander Nesson
On September 12, 2019

In 2018 in the Guardianship of Calvin 94 Mass Appeals Court 448 2018 the court concluded that the parent needs to make the initial showing of a change in circumstances; such as the child no longer in need of a guardian but once the parents satisfies the initial “Burden of Production”, the guardian then bears […]

Posted by Alexander Nesson
On September 9, 2019

It shows that a child requires proof that a defendant wantedly or recklessly engaged in a conduct that created substantial risk of serious bodily injury or sexual abuse to a child who wantedly or recklessly failed to take reasonable steps to alleviate such risk where there was a duty to act. There are issues about […]

Posted by Alexander Nesson
On September 5, 2019

The answer is essentially, yes and no. There are not any legal constraints for DCF in terms of saying what they can see; so if they are asking to see where the children sleep or if there is food in the kitchen; or even asking to see the parents rooms, basement or the attic or […]

Posted by Alexander Nesson
On September 2, 2019

At a 51A allegation that is supported does not show up on your Cori. If there is a related criminal charge, the criminal charge will but the DCF finding does not show up on your Cori.

Posted by Alexander Nesson
On August 29, 2019

It depends on whether it is considered an emergency response or a non-emergency. In a non-emergency response, typically they will assess the child’s safety within 3 business days and can take up to 15 business days to complete the response and report. There are a variety of times that there are extensions for emergency responses […]

Posted by Alexander Nesson
On August 26, 2019

If DCF determines that the report does not meet DCF’s level of suspected abuse or neglect, then it would be screened out. The family is supposed to get written notification and if there is a mandated reporter, such as a teacher, nurse, clinician they would receive a report as well. If the screener determines that […]

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How do I File for an Annulment?

Is it easier to get a Divorce or Annulment?

In Massachusetts, what is the Difference between a Divorce and an Annulment?

In a DCF Case where the Department has Permanent Custody, but Parental Rights have not been Terminated. What is the Standard of Proof?

Who has the Burden of Proof in a Petition to Remove a Guardian under the General Laws Ch. 190B Section 5-212 and what is the Standard of Proof?

Regarding the Criminal Charge of Recklessness Endangerment of a Child, what is the Standard?

Are there any Legal Limits to what a DCF Social Worker can ask to see when they come out during the home visit or ask about?

Does a 51A or 51B with DCF in Massachusetts Show up on a Cori or Cori Check?

How long does DCF Investigation Response Timeline take?

After DCF Determines Whether to Screen in or Screen Out a Case What Happens?