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

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 […]

Posted by Alexander Nesson
On February 7, 2021

Who Gets Fido or Kitty? I recently had a case involving a contentious dispute over the custody of a dog and a cat. After coming close to going to trial, we were finally able to resolve the matter between the two parties through negotiation.

Posted by Alexander Nesson
On February 2, 2021

The best practice is simply not to stop parenting time on your own unless it is an emergency, but to file what is called a “Complaint for Modification” explaining the circumstances of the risks. You can always file an Emergency Motion along with that and an Affidavit as well. It can be particularly persuasive if […]

Posted by Alexander Nesson
On February 1, 2021

The answer is yes you can. There are some different steps that you might need to take. You would need to file a Complaint to Seek Custody and Child Support. If you are not able to locate where the other parent is, you can file something in court asking for an alternate way to have […]

Posted by Alexander Nesson
On January 28, 2021

It really depends significantly on the court and what the court might make as a ruling and the Judge. However, the more time in advance that you can provide that to both the opposing side and ideally the court, the better. Sometimes you can do such a thing as emailing it both to a clerk […]

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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?

Who Gets Fido or Kitty? Pet Custody in Divorces or Break Ups in Massachusetts

During the Covid-19 Pandemic, what Shall I do if I think my Child is at Risk during the Parenting Time with the other Parent?

In Massachusetts, if you are Unmarried and can’t Locate the Other Parent, can you Still get a Judgment from the Court regarding Custody, Visitation and Child Support?

In Probate and Family Court or Restraining Orders, what is the Way to get Either Voicemails or Video Recordings in Front of the Judge to be Factored In?