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If I have requested a Fair Hearing for a DCF case and I decide I don’t want to go Forward with the Hearing, can I dismiss it or not go forward and will it hurt me?

  • Posted by Alexander Nesson
  • On January 11, 2021
The short answer is that you can choose to not go forward at any point with the Fair Hearing.  The best practice is to put that in writing to the Fair Hearing office and the local area office.   It usually does not have a negative impact on your case.  It can always depend on the […]
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What are Some Reasons Why There Should be Supervised Parenting Time?

  • Posted by Alexander Nesson
  • On January 7, 2021
The purpose of supervised visitation is to provide a safe and neutral environment for children to have a relationship with parents and is often used in high conflict situations. Many courts take the position that it is better to make an error that protects the child as opposed to leaving a child at risk. Supervised parenting time may occur in […]
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In Massachusetts What is the Difference between Parenting time and Visitation?

  • Posted by Alexander Nesson
  • On January 2, 2021
It is the same.  The court still calls “parenting time” “visitation” in many of the forms and in the law but most of the time Probate and Family Court have begun to use parenting time as a better term.  It can be confusing in terms of physical custody, legal custody or physical joint or legal […]
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In Massachusetts can a Court Order Visitation by Video Conferencing be Supervised by a Visitation Center.

  • Posted by Alexander Nesson
  • On December 28, 2020
In Massachusetts the court can order the parenting time; particularly during COVID-19 but at any point it can be monitored at a visitation center. However, there is normally a cost associated with that as the visitation centers in Massachusetts usually charge for both in person visits at the center along with virtual or zoom visitation. […]
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IN MASSACHUSETTS CAN A CHILD DECIDE WHERE THEY WANT TO LIVE?

  • Posted by Alexander Nesson
  • On December 21, 2020
In Massachusetts a child needs to be 18 before they are the sole decider about where they would live.  In Massachusetts it’s what is in the child’s best interest. However, if the child is mature enough their input can be part of the decision-making process for what is in that child’s best interest.
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In Massachusetts What is a DCF Foster Care Review and What is the Reasoning behind it?

  • Posted by Alexander Nesson
  • On December 17, 2020
Both state and federal laws require if children are in and out of a home state placement be reviewed periodically and not less at least once every six (6) months.  Interested individuals can participate in a meeting; which focuses on the child’s placement and the appropriateness of that.  The individual’s participation and completions are what […]
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In Massachusetts How Do I know What the DCF Social Worker’s Role is?

  • Posted by Alexander Nesson
  • On December 14, 2020
It is important to ask them and to also if you have an attorney to talk to an attorney about what their different roles might be.   There are different social workers for different aspects of the case. There are screeners that will take the emergency information about the 51A over the phone.  There are investigators […]
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Can DCF Show up Unannounced?

  • Posted by Alexander Nesson
  • On December 7, 2020
The answer typically is that DCF is allowed to show up unannounced.  You do not need necessarily have to let them in unless there is a court order, an administrative hold or the police are present with them.  It would be important to talk to a lawyer prior to determining whether or not the advantages […]
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