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Mark Twombly Lee

Mark Lee’s Answers

57 total


  • Is it "normal protocol" for a probate judge to find an outstanding arrest warrant on the defendant (father) and do nothing?

    During a probate hearing involving ratifying a restraining order for both mother and minor child where visitation had been barred. The judge found this in the records dating back 6 years ago (2006) and simply told his attorney to check it out and ...

    Mark’s Answer

    The Judge is looking at a CORI/KARI report. A six year old warrant is odd and could be incorrectly in the system. I have seen Judges hold people with arrest warrants in court or send them to the district court to resolve outstanding warrants but remember - Judges are not the judicial officers charged with enforcing warrants - the police are and depending on staffing a judge cannot order a court officer to escort a party to the court where the warrant issued. Address the anger with local law enforcement.

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  • I am 15 years old. Can someone explain to me what being emancipated means? I don't really understand all this legal talk...

    I want to know everything about this but in an easier-to-understand way. Can someone help me? I'm talking about being emancipated from my parents if that makes sense..

    Mark’s Answer

    Emancipation essentially means you can live separate and apart from your parents without their support. At 15, you can nominate your own guardian. Means of determining emancipation are as follows: Marriage of the Child; The Child becoming independent of parental support (part-time employment while she is a full-time, undergraduate student shall not be deemed emancipation);
    The Child entering military service, full-time of any country;The Child living away from the physical custodian's residence on a full-time, permanent basis; The Child obtaining full-time and permanent employment; The Child attaining the age of eighteen (18) years.

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  • I cant live with my mom & DO NOTTTTT want to live with my dad...at all. do i have ANY options?! Im literally going crazy!!

    my moms a 50 year old alcoholic and smokes ciggs on the regular. she has no job, no friends, and just sits at home all day with the cat (her "best friend") while my wealthy father pays for her every need (most of the time). shes in DEEP denial. my...

    Mark’s Answer

    You can nominate your own legal guardian -that person may be a family member but it has to be a fit adult. The process starts through a petition for guardianship of a minor. The alternative is to simply allow your custodial parent place you with friends or another family and avoid court.

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  • How do i go about setting up a visitation schedule thru the court

    me and my babys father were never married but have recently split up..things did not end on good terms at all..it has gotten to the point were we can not comunicate civilly but just because i dont want hae to be around him i do not want to take hi...

    Mark’s Answer

    Once your motion is heard, you can either create. A parenting schedule in. Probation or simply. Ask the judge to create one for both of you.

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  • How is "reside" interpreted?

    Regarding visitation my decree states, "If parties reside within 100 miles" and "if parties reside over 100 miles" from each other. I live with dependent child in one state, ex lives in another. However, ex rents apartment here in the city. Does e...

    Mark’s Answer

    I agree with counsel's opinion given prior to this one; residence is generally where you live most of the time, vote, have your car registered, ect. but in the case of custody and parenting where it appears from your fact pattern one parent is renting a place in your city merely to have parenting time with th child, I think the court would certainly consider where that parent "resides" when they are seeing their child as the residence for purposes of looking at the court order.

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  • I am in massachusetts i had my 2 sons taken away because of depression. I have a cour date next thurs wat can i do?b

    I wnt my sons back my husband Nd i were both depressed and had the house a mess but the kids were ok.

    Mark’s Answer

    You cannot be prejudiced for a medical condition if you are being treated for that medical condition, accepting services, and following up on what you are being asked to do. If your children have been taken away from you, it is imperative that you and your husband figure out what you need for treatment of your depression, follow up with that treatment, accept services and follow all reccomendations. You have some hoops you need to jump through.

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

    In /state of Mass. the divroce decree stated that he was suppose to pay me $400.00 a month for three years, pay for my dogs doggie day care and pay all charge cards and school loans. I called all charge cards and got my name dropped except home ...

    Mark’s Answer

    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.

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

    Wife and I are divorcing, we went through the entire proceeding, 3 days before her atty was supposed to file their papers stating what property they should get as division of marital assets she fired her atty and is now seeking to have a friend (...

    Mark’s Answer

    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.

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  • Is it ok for 11 and 13 year old boys to Sharing A bed Room, and what age should they have there own room ?

    this is for lethbridge . Alberta .Canada we live in community housing.

    Mark’s Answer

    There is no problem with 11 and 13 year old boys sharing a bed room unless one of them has been accused of inappropriate conduct towards the other and the issue is more one of the custodial parents ability to protect the child from abuse. Years ago, in a world of 1200 squre foot homes siblings would share bedrooms until they moved out.

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  • Does my ex wife have to wait any amount of time before leaving the country after a judgement allowing her to move with my son?

    The judge in this case issue a ruling this past Friday and it was delivered on Saturday. I am considering an appeal but she left with my son and moved to Wales, UK immediately on Saturday. She quit her job, pulled my son out of school and left wi...

    Mark’s Answer

    You do. You need to file a motion for new trial, a notice of appeal of the decision and a motion to stay the judgment pending appeal. You should engage appellate counsel and have this attorney work with your trial attorney ( or assist you on these filings). Very specific findings of fact must be made by a judge on a complaint for removal and the fact that your son is already gone, notwithstanding your rights of appeal is troubling. I am sorry for your trouble.

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