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What is ICWA in a Child Welfare Case or Care & Protection case in Massachusetts?

  • Posted by Alexander Nesson
  • On December 12, 2017
What “ICWA” is, is something called the “Indian Child Welfare Act”. It must be proven at a higher standard than a non-ICWA case. The Petitioner who is generally, DCF, has the responsibility to determine whether the child is a member or is eligible for a membership in an Indian tribe. It is the responsibility of […]
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Who is eligible to have a mass criminal record sealed

  • Posted by Alexander Nesson
  • On November 28, 2017
In MASS, there have been a great deal of changes in recent years to having your record sealed. Now, most non-convictions, not guilty verdicts and dismissals are able to be sealed immediately. A CWOF( continuance without a finding) is eligible once you have successfully completed the probation and your case has been dismissed. Certain drug […]
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A checklist for Health and Dental Insurance in a MA Divorce

  • Posted by Alexander Nesson
  • On November 27, 2017
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 […]
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In a Divorce- does leaving the house impact my rights

  • Posted by Alexander Nesson
  • On November 24, 2017
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 […]
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If I have second thoughts on a divorce can I dismiss the divorce

  • Posted by Alexander Nesson
  • On November 23, 2017
In MA, you can dismiss your complaint for divorce. Usually, the other party assents and you can do this administratively. If the other side filed a counterclaim( which is typical) the divorce would still go forward unless it was agreed to dismiss. Either party may seek a divorce even if the other spouse is opposed.
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Whether to take the 5th Amendment in a Care and Protection hearing, If you been criminally charged or might be criminally charged.

  • Posted by Alexander Nesson
  • On November 13, 2017
A very difficult decision is in a DCF case that is going before a judge whether a parent should testify or not, or if there is criminal case investigation. Parents do have a 5th Amendment right to prevent testifying if they could potentially incriminate themselves. Criminal defense attorney would strongly recommend that the parents do […]
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How does the Probate and Family Court get Access DCF Records?

  • Posted by Alexander Nesson
  • On November 6, 2017
There are Standing Orders, including Standing Order 2-11, that the court can be allowed to use information from DCF. What can happen is, in many times if custody or visitation is before a Probate and Family Court Judge, there is awareness that either you want to bring up; or the other parent or another party […]
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How do I enforce a Family or Divorce order?

  • Posted by Alexander Nesson
  • On November 3, 2017
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 […]
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