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Appealing a Supported 51A in a Mass. DCF Case

  • Posted by Alexander Nesson
  • On June 23, 2017
If DCF supports a 51A and you are considering an appeal, be aware that there are requirements and timetables. You’ll need to send a written request within 30 calendar days of the supported decision or of receipt of the decision (if notice of the decision is required). If you are unsure whether or not to […]
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DCF Cases and Care & Protection Time Frames.

  • Posted by Alexander Nesson
  • On June 12, 2017
There is a process in which DCF files a care & protection case with an Affidavit based on an “emergency” and typically only DCF will be at court. There is supposed to be within 3 days the beginning of a 72-hour hearing to review the custody, which is without prejudice. Sometimes it takes a lot […]
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What Standard does a Judge use to Make a Custody Decision in Massachusetts?

  • Posted by Alexander Nesson
  • On May 29, 2017
The court’s standard is what is in the best interest of the child, which is sometimes is hard to define. It varies from child to child, but it means that it focuses on the child’s needs and not the parent’s needs. The law requires the court to make the decision on who they think can […]
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What are the Types of Custody?

  • Posted by Alexander Nesson
  • On May 15, 2017
One type is called “legal custody.” If there is sole legal custody it means that one parent has the right and responsibility to make major decisions regarding the child’s wellbeing. This includes education, medical care, and religious decisions. In many divorce cases, there is something called “shared legal custody.” This is where both parents make […]
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Which Courts Handle Child Custody Cases?

  • Posted by Alexander Nesson
  • On May 1, 2017
Generally, it is Probate and Family Court that handle custody, visitation and parenting decisions. Examples, can be involved in divorce cases; or where the parties are not married, which can include determining paternity and other issues. District Courts can handle restraining orders or 209A orders and can make custody orders short term. At times (particularly […]
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In a Criminal Case, what is a CWOF?

  • Posted by Alexander Nesson
  • On April 10, 2017
It is a Continued Without a Finding; which is a type of a criminal disposition that generally needs to occur before trial. It is called an Admission to Sufficient Facts. There can be conditions and a probation term. What happens in Admission to Sufficient Facts is that if the person admitted to the facts that […]
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The Fall River Trial Court at 289 Rock Street

  • Posted by Alexander Nesson
  • On March 20, 2017
At the 289 Rock Street in Fall River, is one of the locations of the Bristol Probate and Family Court along with the Bristol Juvenile Court. There is meter parking on the street immediately surrounding the court house along with off-street parking. There is also handicap parking in the court but beyond that, there is […]
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Part IV – Life Insurance

  • Posted by Alexander Nesson
  • On March 6, 2017
Check list for Life Insurance: 1. Identifying what life insurance? 2. What the cash value there would be? 3. Find out if it is a whole life policy, what the amount would be or what the death benefit would be. 4. Who has the ownership and responsibility for payment of the premium? 5. Who is […]
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Part III – The Checklist regarding Alimony:

  • Posted by Alexander Nesson
  • On February 20, 2017
This can include whether there should be a waiver of future alimony or not and the amount of alimony, if any. 1. If it was determined, when and why? 2. When the payments would be made? If there would be any. 3. Would use modifications and how it is calculated. 4. Whether there is a […]
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Part II – The Checklist regarding Child Support

  • Posted by Alexander Nesson
  • On February 13, 2017
On the checklist regarding child support it would include: 1. The amount of child support. 2. The net of establishing the support, if you are using the child support guidelines or something else. 3. Talk about if you would be having the Department of Revenue take the child support directly out of your pay; or […]
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