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Mark Twombly Lee

Mark Lee’s Answers

57 total


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

    I live with my bf and his 7 year old son. The child's mother and I apparently do not get along ( I am ALWAYS nice, she twists my words). She is being interviewed by DSS because one of her 3 kids (only 1 is my bfs) got abused at his fathers house. ...

    Mark’s Answer

    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 you homeless doesn't sound like a consideration. Sometimes custodial parents lose custody of their children when they prioritize a relationship with an abusive partner. If DCF is involved, take it seriously and line up your witnesses.

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  • I discovered a marital vehicle may have been sold/traded while there is a standing order in a divorce proceeding is it contempt?

    So I currently have a standing order in a divorce proceeding and I discovered that the vehicle may have been traded/sold while this order is standing. The vehicle was bought WHILE we were married, however it was her father and my spouse on the ban...

    Mark’s Answer

    • Selected as best answer

    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 what I can comment on or speculate about.

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

    i need to know what to do? i filed to change the visitation (every other weekend at his mothers) with my sons father b/c of abuse and neglect in the home as well as drug use, and his g/f removal of her own children due to neglect and abuse. i prov...

    Mark’s Answer

    • Selected as best answer

    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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  • Hello i am 19 years old and i am looking at trying to get custody of my 13 year old little brother. what do i have to do?

    i am 19 im engaged. my fiance has military background he owns his own home i live with him he works for a construction company and im trying to go back to school online so i am a stay at home "wife" for the moment

    Mark’s Answer

    File a petition for guardianship. In Worcester, there is a Lawyer for the Day program where there is an attorney that can help you with the forms. If the circumstances around his home life are dire enough, you can make affidvait as to what the emergency is and obtain a temporary guardianship "ex parte" (without notice) to your parent(s). I wish you the best.

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  • I am wondering about the difference between an Associate Justice and the First Justice in Worcester Probate Court?

    I am only asking due to the fact I currently have a custody hearing coming up in the next two weeks and it's in front of Judge Meagher (whom is the listed as the "First Justice") I also have a divorce hearing coming up but have not had a hearing d...

    Mark’s Answer

    You are lookong at the summons which indicates who the first justice is - the other named justice is hearing your case; in any event, it makes no difference.

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  • Do I have to add my ex-wife's new baby to my health insurance?

    I'm in Massachusetts and divorced. I continue to carry my ex-wife on my family health insurance plan. She recently had a baby with her live-in boyfriend. Do I need to add the new baby to my family plan or is that her & her boyfriend's responsib...

    Mark’s Answer

    No

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  • How to stop ex-spouse from using court system to harass me with erroneous contempt charges? Is there way to limit his filings?

    I have a permanent Restraining Order. Of the last 4 contempts he tried: two were dismissed via probate, one he was held in contempt for "erroneous filing" via district & assessed restitution, this last one is now through probate again and is simp...

    Mark’s Answer

    At the next hearing ask for fees and an order that before he can file any additional complaints or motions, the pleading must first be reviewed by a judge before being accepted for filing.

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  • Do I have any rights to my fiances child?

    The child is six years old. I met him at age three. Since that time I have lived with him and his father, who I am engaged to. The child sees me as a parental figure. I have done everything from school meetings to baseball games, from doctor to de...

    Mark’s Answer

    If the chillds father is not willing to file either a complaint for contempt for her failure to follow the parenting orders or a complaint for modification to change them to something that works, the only remedy you have as a biological stranger to the child is to file a complaint in equity seeking "de facto" parent status. Its a legal theory similar to grandparent's visitation rights - that the child's best interests are to continue an important relationship. its a high burden to meet. Unfortunatley, the fact pattern you are reciting is too common. Many ex's get along fine until one of them enters into a serious and committed relationship with another.

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  • Is he in contempt? What do I do?

    Yesterday in court we signed an agreement for supervised visitation. It states the supervisors and a backup supervisor. Prior to signing I was told by his lawyer that supervisor A was available for visitation tomorrow. The agreement also states I ...

    Mark’s Answer

    Short answer: no. Your visitation is supervised and a supervisor is available to make the visit happen. If the primary supervisor is going to remain unavailable, file a motion suggesting a new one. Presumably something happend or is alledged to have happend ( true or false) which caused the visitation to be supervised. Your goal should be to do the visits, do them without incident and get back to court so you can request normalization of your parenting plan - unsupervised visits. Getting into power struggles over who supervises the visits at this point makes it look like your more interested in getting things your way than just getting the time in with your children. As right as you may feel you are on this, let it go, take the long view: your goal is to do the visit, have them go well and get the supervisors out of there. Good Luck.

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

    my parents are divorced with joint custody, and my mother disaproves of my significant other and is trying to remove me from the school we go to. my father approves of my partner and is willing to allow me to remain in school with my partner. my m...

    Mark’s Answer

    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 the court recognize what your preference is and for the court orders regarding custody to reflect reality - that along would clear this up. Good Luck.

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