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In Massachusetts What is the Process at the Preliminary Hearing for a CRA?

Posted by Alexander Nesson
On May 27, 2021

A CRA is a child requiring assistance. It used to be called a CHINS case. At the preliminary hearing there can be a decision that the case be dismissed for a lack of probable cause that the court refer the child and parent with their agreement to the probation department for what is called an […]

Posted by Alexander Nesson
On May 24, 2021

If there is an emergency you can file a Motion for Emergency Orders; including on a Complaint for Modification if there is not an active case going on. If it is not an emergency you can file a Motion for Temporary Orders; which does take some time to get into place. It is important to […]

Posted by Alexander Nesson
On May 20, 2021

You have to look carefully to determine whether it is an emergency or not an emergency. If there is not an active case going on, it is called a Complaint for Modification, an Emergency Order is if it needs to be addressed right away. The court would make a determination about whether it is an […]

Posted by Alexander Nesson
On May 17, 2021

This class had previously been a requirement for in person Parenting Education. Now with COVID-19 it is until further Order that parents still are required to do but can do it virtually or on-line.

Posted by Alexander Nesson
On May 13, 2021

The only way this can occur is if the parent files a Petition to change the child’s last name and the court will determine whether it is in the child’s best interest to determine whether that name change should occur or not.

Posted by Alexander Nesson
On May 10, 2021

The Judge does have the discretion to either order no visits or supervised visits. It is very rare that there be an order of no visitation that would generally, but not always be involved if DCF or Child Protective Services is involved with a case or criminal case with some significant issues that are being […]

Posted by Alexander Nesson
On May 6, 2021

There is answer is normally no. The older the child is and the more mature and rationale their decision making is the more weight the court will likely to give the child’s perspective, but it determines in part their age, maturity and rationale. So, for example, if a child wants to live where the parent […]

Posted by Alexander Nesson
On May 3, 2021

It is extremely rare in Massachusetts that the court would want or even allow a child to appear in court to testify. There are some rare circumstances that I have had where children were able to testify, but that is something that you would need to courts permission from well ahead of time. Generally, the […]

Posted by Alexander Nesson
On April 29, 2021

The answer is no. Child support and visitation are not hand-in-hand. The court would not be happy if a parent’s visitation order was denied because of that parent not paying child support. On the opposite end just because you pay child support does not mean that you are entitled to more visits because of that […]

Posted by Alexander Nesson
On April 26, 2021

Generally, the answer is yes. There would still be a child support order, even if the parents are able to agree on an equal parenting time. The child support calculations base it on the income of the parties and who pays health, dental and vision insurance. If there is childcare and who pays the childcare […]

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In Massachusetts What is the Process at the Preliminary Hearing for a CRA?

What if the Other Parent Will Not let Me See my Child Because of COVID-19 or are having Disputes about Social Distancing?

Frequently asked Questions in Massachusetts during COVID-19: What if I think my Child should not go to the other Parent’s House because of not following the CDC Guidelines or other Social Distancing Rules?

Frequently asked Questions in Massachusetts Regarding taking the Parenting Education Classes with COVID-19.

Can a Parent in Massachusetts Change the Child’s Name without the Other Parent’s Permission?

Can a Probate Court Judge in Massachusetts Order No Visitation or Supervised Visitation?

In Massachusetts Does my Child’s Preference Determine Where he/she will Live?

Will my Child need to Appear in Court if there is a Custody Dispute?

In Massachusetts would the Court Allow Visits be Cancelled if Child Support is Not Paid?

If both Parents have Joint Physical Custody is there still a Child Support Order?