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Whether to take the 5th Amendment in a Care and Protection hearing, If you been criminally charged or might be criminally charged.

  • Posted by Alexander Nesson
  • On November 13, 2017
A very difficult decision is in a DCF case that is going before a judge whether a parent should testify or not, or if there is criminal case investigation. Parents do have a 5th Amendment right to prevent testifying if they could potentially incriminate themselves. Criminal defense attorney would strongly recommend that the parents do […]
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How does the Probate and Family Court get Access DCF Records?

  • Posted by Alexander Nesson
  • On November 6, 2017
There are Standing Orders, including Standing Order 2-11, that the court can be allowed to use information from DCF. What can happen is, in many times if custody or visitation is before a Probate and Family Court Judge, there is awareness that either you want to bring up; or the other parent or another party […]
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How do I enforce a Family or Divorce order?

  • Posted by Alexander Nesson
  • On November 3, 2017
You can file something called a “contempt” action saying that the other side has violated the court order. You need to show what the court order is and how it was violated. There are technical requirements but the order should be clear and the violation should be straightforward. The court has a lot of remedies […]
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Can social media impact your family law case?

  • Posted by Alexander Nesson
  • On November 2, 2017
As you probably guessed the answer is YES! Be very careful what you post. I have seen people claim to have no money in front of a judge and be confronted with Facebook posts of expensive vacations or new cars. I have seen many cases where one parent badmouths the other ( and sometimes the […]
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What is an ARC Attorney in Child Custody in MA

  • Posted by Alexander Nesson
  • On October 26, 2017
  • ARC attorney
In many counties in Massachusetts an ARC attorney can be appointed to represent the child’s voice. It is a pro bono program ( there is no costs to the parties). The ARC attorney acts as the child’s voice in court. This is not available in DCF C&P cases( child counsel may be appointed through CPCS) […]
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How to Access DCF Client’s Records in Massachusetts?

  • Posted by Alexander Nesson
  • On October 23, 2017
Client information records is something that DCF keeps; particularly when it is related to a child that is in a care and custody matter of DCF. There is also information in something that is called the “Central Registry”. This is where it is confirmed the alleged victims of child abuse or neglect. Examples of some […]
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OUI Hardship License Criteria – 1st offense

  • Posted by Alexander Nesson
  • On October 17, 2017
The RMV has reasonable discretion for hardship license abut the criteria for a first offense includes: 1. No evidence of driving a care since the revocation 2. A qualified 24 D program 3. All other revocations have been completed( eg license suspended for something else) 4. You enter a program for 24D and have letterhead […]
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Removal of a child from Massachusetts

  • Posted by Alexander Nesson
  • On October 17, 2017
Removing a minor child from MA usually requires consent of both parents or a court order. The standard is a “real advantage” which means that the parent seeking removal must show a “good sincere reason” for the move. the court should assess the child’s best interest. There are differences depending on if prior agreement and […]
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51A and 51B Investigations

  • Posted by Alexander Nesson
  • On October 9, 2017
In DCF cases with a 51A and 51B investigation there are some time periods that are needing to be looked at. For the 51A’s, if they are “Screened Out” it means that there is no further investigation and some of the time DCF decides that it is not warranted of DCF involvement if the allegations […]
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