Mark Twombly Lee's Answers

My wife and i want to give up custody of my 17 year old daughter to my daughter in law. I would prefer to stay out of the courts

If your own letter to the school, as her legal guardian, acknowledging her placement by you with your daughter in law is not enough, your daughter and daughter in law need to go to court and complete the forms for a guardianship of a minor. A 17 year old can nominate her own guardian. On the petition form in Massachusetts there is a designation that your daughter can sign before a notary public. Your daughter and daughter in law can fill out the forms at the courthouse. You as parents can...

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I have a son with an ex-girlfriend i have shared primary custody with. If she leaves him with a sitter am i able to take him?

Are you on the child's birth certificate is the first question? If you are, you are filing a complaint for custody and parenting and marking a motion to establish a parenting schedule. The good news is, the court is going to look at what the parenting schedule was for the last 120 days which I presume is while you were still together and that schedule will corroborate your assertion that you had sustantial involvement with your son and responsibility for his care. It is not uncommon for Mom's...

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Can I trade in my vehicle with my ex husbands name and mine on the loan without him?

When you divorced, your ex should have signed the title over to you - but if there was a loan on the vehicle, I understand why he could not. Notwithstanding that, he had a "good faith and fair dealing" obligation to you to forward mail regarding the insurance and registration. Your question is can you trade the car that court decreed you own. The answer is yes but he is going to have some involvment because presumbably he is still on the title to the vehicle. If the car loan is paid off and...

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Is it difficult for a dad to get full custody in ma?

There is an expression I am familiar with that meets your skepticism which is, "Dad's don't get custody, Mom's loose it." Under your fact pattern, it sounds like Mom has her issues, chief among them that her own bond with the child is not great. I am assuming the September of "this year" is 2011 and at this point you have eight months of documented "full time" custodial parenting to accompany your request to the court for a change in custody based on a material change: shared custody has...

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Wife Not Showing Up For Divorce Hearing

If you have a lawyer, and you cannot get an answer from your lawyer on this, you should think about getting another lawyer - one that you can communicate with. Obtaining a default against a non-appearing party or monetary sanctions against them for having to appear when they do not appear is not difficult.

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Breaking a monthly rental agreement...

Observing a thirty day notice requirement and improper handling of a security deposit are separate and distinct issues. If you have paid for the month you vacate and the LL is holding a last month's rent, I don't see the issue. If the LL is not holding a last month's rent and you are vacating in May without notice, perhaps the LL has a claim for the June rent but my feeling is on the subject is more practical - most landlords are happy to recover possession of the unit without being owned rent....

Collecting ss death benefits fraudulently?

Is the Ex-Wife continued to recevie the funds as the child's representative payee, she also had to complete a report annually on how she spend the money on behalf of the child. These reports will document the annual amount she received and put her on record as receiving the funds under false pretenses and then lying about their disposistion. Suing the Ex-Wife in a civil suit seems like a waste of time as she is probably judgment proof; your only remedy lies with the social security...

Terminate Child support - Child is 22 and still in Comm Colleg for the past 4 years. I can not verify if he has been a fulltime?

If you are unable to get the answer on full time enrollment either from your child or the other parent, you or your attorney need to file a complaint for Modification citing the amount of child support you pay and the date of the last judgment/court order that set that amount, alledge that the child has become emancipated and pray the court to determine emacipation and termination of your child support order RETROACTIVE to the date of serivce on your complaint for modification; pay the court...

Neighbor's tree, who's cut wood?!

As previously answered, the law is settled that you have the right to trim trees that overhang into your property. It appears that it would follow that any branches trimmed on your side would belong to you as well as you have the burden of disposing of them. I've linked this response to a case that cites case law supporting. Good Luck.

My husband filed for an increase in temporary alimony

Compelling need ( falling just short of an emergency ) that could not have been anticipated at the time of the original order and your ability to pay the increase. I would defend against the motion by pointing to all the factors that were known to him at the time he agreed to the original order - I would also update your financial to show the impact of these payments on your standard of living and if at all possible defend on your inability to pay the increase. This answer is for...