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Guardianship case regarding the Burden of Proof to Vacate a Guardianship

  • Posted by Alexander Nesson
  • On June 17, 2019
In Massachusetts there is an interesting Guardianship case regarding the Burden of Proof to Vacate a Guardianship.  Fairly recently with the decision in November of 2018 the Appeals Court had talked about it being an unsettled law in terms of what the burden of proof is regarding vacating a guardianship; particularly, in probate court. The […]
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Frequently asked Questions for Divorce Mediation in Massachusetts

  • Posted by Alexander Nesson
  • On June 13, 2019
What are some Documents that Would be Useful for Either a Divorce Attorney or a Divorce Mediator?  There are specific forms that mediators and the courts are going to require to be done that include biographical information and financial information.  You will need to have such things like names, addresses, dates of birth, date of […]
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Frequently asked Questions for Divorce Mediation in Massachusetts

  • Posted by Alexander Nesson
  • On June 10, 2019
Is Mediation always the Best Approach?  Mediation is not for everyone. There are a lot of times where mediation is not appropriate. If there is a restraining order, if their perspectives regarding physical, emotional or verbal abuse that maybe good reasons not to.  If one party has their judgment impaired whether that is from substance […]
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Frequently asked Questions for Divorce Mediation in Massachusetts

  • Posted by Alexander Nesson
  • On June 6, 2019
I am concerned that with Divorce Mediation that my Spouse and the Mediator will try and have me work on the Marriage to avoid getting a divorce.  This is one that sometimes people think that mediation is couples’ therapy, but the divorce mediator’s job is to work through the issues in a divorce, to try […]
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Frequently asked Questions for Divorce Mediation in Massachusetts

  • Posted by Alexander Nesson
  • On June 3, 2019
What happens if I am for Trying to Resolve the Case through Mediation, but I do not want to be in the same room with my soon to be Ex-Spouse?  This is a frequent question that people say that I can’t stand being in the same room with their spouse and there are always arguments.  […]
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What should be in a Court Investigators Report?

  • Posted by Alexander Nesson
  • On May 27, 2019
The report should have all the identifying information about the parents, children, legal names, legal history, such as date of marriage, divorce, court docket numbers, paternity and things of that nature.  What the issues are, and the allegations listed in the DCF Affidavit should include some family history, the conduct of the parties prior to […]
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In Care and Protection Cases what is Court Investigators Report?

  • Posted by Alexander Nesson
  • On May 23, 2019
The court in every care and protection case is supposed to appoint a Court Investigator that is not part of DCF and not representing any of the parties. Similar in many ways to what is called a Guardian ad Litem report that you would typically see more often in Probate and Family Court.  The court […]
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Frequently Asked Questions in Massachusetts

  • Posted by Alexander Nesson
  • On May 20, 2019
If you Lose at Trial for Termination of Parental Rights, can you Appeal? The answer is Yes, you can appeal in Massachusetts. However, if you wish to appeal, you must file a Notice of Appeal and you need to file this as soon as possible. There are strict time requirements.  The attorney can say, if […]
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Frequently Asked Questions in Massachusetts for DCF Cases

  • Posted by Alexander Nesson
  • On May 16, 2019
In a Care and Protection and DCF or Termination of Parental Rights Case, what is the Burdon of Proof?  The Petitioner who is usually DCF must establish the parent(s) lacks the “ability, capacity, fitness and readiness” to provide for the best interest of the children. There are a variety of determinations that the Court must […]
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