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In Custody Cases, what is the ICPC?

Posted by Alexander Nesson
On March 11, 2021

The Interstate Compact on the Placement of Children is an agreement between all fifty states, Washington, D.C. and the U.S. Virgin Islands. The Compact Agreement provides for the movement and safe placement of children between states when the children are in the custody of a state, being placed for private/independent adoption, or under certain circumstances, […]

Posted by Alexander Nesson
On March 8, 2021

Many times, clients contact attorneys at the very last minute about who is going to do the drop off and pick up and exactly what time things should occur. It is very important for parents if there is not an explicit order to have some conversations ahead of time to figure out what needs to […]

Posted by Alexander Nesson
On March 4, 2021

Foster Care Reviews are involved in DCF cases where people can be involved in a review at the DCF office of the appropriateness of the child or children’s placement, the participation of the parents or guardians, foster care and DCF. There are certain tasks or service plans that are looked at in terms of the […]

Posted by Alexander Nesson
On March 1, 2021

In Massachusetts if somebody objects to a Motion to Dismiss, they are entitled to have a trial. Occasionally the judge might give some strong indications of what he or she may do and it might not make sense to go to trial but many times parents have tried to a Motion to Dismiss prior to […]

Posted by Alexander Nesson
On February 25, 2021

In practice the vast majority of times the courts do grant a Motion to Dismiss is if the Department seeks it and all parties agree. However, the court does have discretion and can make the parties go forward at trial. I have had that occur a couple of times in my practice; although if DCF […]

Posted by Alexander Nesson
On February 22, 2021

There is something that is called a Lampron-Dwyer Protocol you have to file and do a service of a motion. It is under the Mass Rules of Criminal Procedure 17. The idea is if there is a 3rd party record that you are seeking, there are some requirements that need to occur which you can […]

Posted by Alexander Nesson
On February 18, 2021

In Massachusetts children are considered to be incompetent legally, meaning making a decision such as whether or not to waive their Therapist Patient Privilege. A GAL would be appointed to not just ask the child what his/her position is, but to substitute their judgment for the child to determine whether or not it would be […]

Posted by Alexander Nesson
On February 15, 2021

You need to check with the court and the procedures with the court but usually the answer is yes. You can have a hearing to have some of the conditions amended or changed. A lot of the time those can be conditions regarding a child or children. Other times it can be something as simple […]

Posted by Alexander Nesson
On February 11, 2021

In Massachusetts if you decide to hire a new attorney, typically what happens is that new attorney files something called a “Notice of Appearance” providing that to your prior attorney and that attorney would file a “Notice of Withdrawal”. I would send all the relevant paperwork in your file to your new attorney. So, you […]

Posted by Alexander Nesson
On February 8, 2021

In general, the cases that I have had have all have been by video conferencing similar to Zoom where you receive a link and are able to have the hearing. Everything is certainly subject to change, but the cases that I have had, have not appeared that they are having in-person hearings for Fair Hearing […]

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In Custody Cases, what is the ICPC?

In Massachusetts in Divorce or Custody Cases, it’s Important to Think through the Holiday Schedule and Not Wait Until the Last Minute.

In Massachusetts What is a Foster Care Review?

In Massachusetts in a Care & Protection or DCF Case if a Party Files a Motion to Dismiss but Somebody Objects to it, can the Judge Dismiss the Case over a Parties Objection that Seeks a Trial?

In Massachusetts in a Care and Protection DCF Case, does a Judge Have to Automatically Grant an Assented to Motion to Dismiss?

Access to 3rd Party Records in District Court Prior to Trial in Criminal Cases

In Massachusetts in Custody or Parenting Cases, how come there are Sometimes the Cost for a Second Guardian ad Litem (“GAL”) for the Child’s Therapist Patient Privilege?

In Massachusetts if there is a Restraining Order in Place for a Period of Time, but you are Seeking to Change the Terms of It, can you go Back to Court to do So?

In a Divorce or Custody Case, if you Decide to Hire another Attorney How Does that Work with your Prior Attorney?

During Covid-19 are the Fair Hearing Appeals in Person in Massachusetts for DCF Cases?