Mark Twombly Lee’s Answers

Mark Twombly Lee

Worcester Divorce / Separation Lawyer.

Contributor Level 10
  1. I discovered a marital vehicle may have been sold/traded while there is a standing order in a divorce proceeding is it contempt?

    Answered almost 2 years ago.

    1. Mark Twombly Lee
    2. Joshua N Robbins
    3. Thomas J Callahan
    4. Elliot S Coren
    4 lawyer answers

    The vehicle is marital property by virtue of your equitable contribution and the fact the title was held in your spouse's name. The automatic restraining order you are reffering to do does not apply to your father in law, but it does apply to your spouse and it applies to you. A complaint for contempt alleding violation of the automatic restraining order could be appropriate if there was equity in the asset.....without knowing why the car was sold, and what replaced it if anything restricts...

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  2. I need to know what to do? i filed to change the visitation due to abuse and neglect

    Answered almost 2 years ago.

    1. Mark Twombly Lee
    2. Erik Hammarlund
    3. Anton R. Reinert
    3 lawyer answers

    File an emergency motion "ex-parte"(without notice requesting that visits be suspended. You will be required to fill out an affidavit where you can describe everything you stated here. 3 year olds cant always report trouble.....if the judge doesnt allow the motion immediately you will atleast have a full hearing within the week. Good luck.

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  3. Can a 16 year old in massachusetts decide where he/she goes to school?

    Answered about 2 years ago.

    1. Mark Twombly Lee
    2. Thomas J Callahan
    3. Henry Lebensbaum
    4. Michael L Rich
    4 lawyer answers

    I am assume for the purposes of answering this question that reference to your "partner" is reference to a "platonic" relationship with no statutory implications that I could be viewed as otherwise endorsing by answering this question. As a sixteen year old, you can nominate your own guardian. If you have been living with your father, notwithstanding the last court order which has you living with your mother, it might also be a good idea for your Dad to file a complaint for modification to have...

    9 lawyers agreed with this answer

  4. Can I sue for the stress I experienced while a false restraining order was issued.

    Answered about 2 years ago.

    1. Mark Twombly Lee
    2. Joshua N Robbins
    2 lawyer answers

    Soon to ex-wife is still your wife and absent a pattern of conduct and a finding by the judge that the action was brought in bad faith, you can't sue for the emotional distress you expereinced. Hopefully your divorce is tried before the same judge that told her she was wasting her time - her actions to deny you contact with the children under the 209A abuse prevention order coupled with an authorizex departure from the state with the children for three months leave you with excellent standing...

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  5. In Mass, can a friend or family member represent another person in a divorce proceeding if they are not a lawyer?

    Answered almost 2 years ago.

    1. Mark Twombly Lee
    2. Karla Mansur
    3. Adam William Vella
    4. Elliot S Coren
    5. Phil A. Taylor
    5 lawyer answers

    I don't know what "three days before the proceeding" means - Did you meadiate an agreement and it was supposed to be filed and now she is refusing to allow it to be filed? That's too bad, but she has the right to do that. As far as having a friend who is not an attorney represent her, that's not happening and it would be an unlawful practice of law otherwise. Get your own attorney and move the process forward.

    6 lawyers agreed with this answer

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  6. Is there a statute of limitations in MA on how long a spouse has to ask for funds collected during the marriage ie. from a 401K?

    Answered about 2 years ago.

    1. Mark Twombly Lee
    2. Karla Mansur
    3. Henry Lebensbaum
    4. J. L. Roncone III
    4 lawyer answers

    I believe the sub text to your question is as follows: Your divorce specified a division of your 401K plan and years have passed with no Qualified Domestic Relations Order ever being approved by the court post-divorce, dividing the plan in accord with the divorce judgment. If I am correct on guessing the fact pattern and there is a court order - there is no statute of limitations whereby your ex waives their rights to collect. A judgment is a judgment. What may change over time is when you go...

    6 lawyers agreed with this answer

  7. I have been divroced for a year and a half.

    Answered almost 2 years ago.

    1. Mark Twombly Lee
    2. Annalisa Avola
    3. Henry Lebensbaum
    3 lawyer answers

    Additional facts are needed: You are an unsecured creditor in his bankruptcy but if the payments he was supposed to make are in the nature of alimony - the debt cannot be discharged in bankruptcy. Regardless of where the payments fall, you probably should be filing a complaint for modification to either amend an exisiting alimony order or create a new one so that you recevie the income the court decreed you entitled.

    5 lawyers agreed with this answer

  8. Can my bf's child's mother make me move out to be away from her kid?

    Answered almost 2 years ago.

    1. Mark Twombly Lee
    2. Joshua N Robbins
    3. Karla Mansur
    3 lawyer answers

    She probably is; its a common scenario built around the insance logic of "I don't want to be in a relationship with you but you can't be in a relationship with anyone else." If DCF were to support neglect against you, or worse, abuse of some sort, they could take the posistion that Dad couldn't see the kids around you or only see them in a supervised setting to insure the kids don't have contact with you. Based on your fact pattern, it doesn't sound like Dad is the custodial parent - so making...

    5 lawyers agreed with this answer

  9. 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

    Answered over 2 years ago.

    1. Mark Twombly Lee
    2. Stephen P. Kelly
    3. Henry Lebensbaum
    4. Carolan Kiely Hardy
    5. Valerie J. Semensi
    5 lawyer answers

    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...

    5 lawyers agreed with this answer

  10. 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?

    Answered over 2 years ago.

    1. Jeffrey K. Varszegi
    2. Mark Twombly Lee
    3. Stephen P. Kelly
    4. Henry Lebensbaum
    4 lawyer answers

    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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