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In Massachusetts what is the Fault Statute in Divorces?

Posted by Alexander Nesson
On January 2, 2016

The Fault Statute of Massachusetts G.L. Ch. 208, Section 1 is that the courts are authorized in specific fault situations of adultery, impotence, deserting for one (1) year, gross and confirmed habits of intoxication caused by voluntary in excessive use of liquor, opium or other drugs, cruel and abusive treatment, imprisonment. Those are what is […]

Posted by Alexander Nesson
On January 1, 2016

You can file an appeal and ask for something called a “Fair Hearing”. This is where you can contest DCF’s decision; and what will occur, is that it is an administrative hearing, where the hearing officer, who is not part of the case, will listen to what DCF says and what you say, and then […]

Posted by Alexander Nesson
On December 28, 2015

A 51A becomes either supported or unsupported. Unsupported means that DCF found that there is not any evidence If the report is supported, DCF could try and take custody of your child or children; or they may just want to offer services to your family. Other times DCF might try and ask that you voluntarily […]

Posted by Alexander Nesson
On December 21, 2015

The answer to that questions is, you are not. You do not have to let them into your home. You do not have to participate in the investigation. However, that at times can have a risk of backfiring, if DCF thinks that your child is in immediate danger. They can try to get the police […]

Posted by Alexander Nesson
On December 15, 2015

Under the law, DCF has to provide appropriate services to strengthen the families if the 51A is supported. This is the case whether the children are in your home or even placed out of the home; and services can include a wide variety of things; including counseling for you and your children; daycare; in-home services; […]

Posted by Alexander Nesson
On December 7, 2015

Again, having an attorney even in the very early stages, can really help the situation, but some of the things you might want to do if you are not going to be able to have an attorney is ask what the specific charges or allegations are; take notes; you want to stay on the topic […]

Posted by Alexander Nesson
On December 4, 2015

If it is an emergency, DCF can file a Care & Protection Petition to a Judge and the Judge would review it and it can allow DCF to obtain permission to take your children away from you without notifying you ahead of time. You may not be aware of this until a social worker comes […]

Posted by Alexander Nesson
On November 30, 2015

DCF cannot tell you the name(s) of the person(s) who reported you. Sometimes it can be anonymous. It is supposed to give you as much details as possible about the allegations and sometimes people can make an assumption or figure out who most likely filed the report. Sometimes that person may be making a false […]

Posted by Alexander Nesson
On November 23, 2015

What happens is a social worker from DCF will come to your home. If it is a non-emergency investigation, you are entitled to have an attorney with you; or have someone else present to be there as a witness for you. The DCF social worker and investigator will discuss what the allegations in the report […]

Posted by Alexander Nesson
On November 2, 2015

DCF is not allowed to tell you the name of the person who reported you. Sometimes, the people that would do this will call anonymously. You are informed as much details as possible about the allegations. Sometimes the person who is reporting you will let you know and a lot of times you will be […]

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In Massachusetts what is the Fault Statute in Divorces?

What do I do if I Disagree with a Department of Children and Families (“DCF”) Decision?

What if the Report supported?

Am I Obligated to speak to the DCF Social Worker?

What is a DCF Service Plan?

How do you handle a DCF Investigation?

Can DCF take my Children if I don’t know about the allegation?

Can I find out who filed the “51A” Report about Abuse or Neglect and can I read it?

What happens during a DCF Investigation of a 51A?

Do I have the right to know who filed the report and can I read the 51A report?