Mark Twombly Lee’s Answers

Mark Twombly Lee

Worcester Divorce / Separation Lawyer.

Contributor Level 10
  1. Back to Probate and Family Court or Superior Court?

    Answered about 2 years ago.

    1. Joshua N Robbins
    2. Mark Twombly Lee
    3. Richard James Reade Jr
    3 lawyer answers

    The fact pattern here is mind boggling for the sheer stupidity of the different actors. It also does not state whether there was a trial or settlement of your divorce; factually this could be very important if you acknowledged in a settlement that you were satisfied with the discovery completed at the time of settlement. My fellow practioners have identified the two avenues that should be pursued simultaneoulsy in the probate court, Motion to set aside the Judgment under Rule 60(b) and a new...

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  2. 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?

    Answered almost 2 years ago.

    1. Mark Twombly Lee
    1 lawyer 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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  3. I have an open DCF case and pregnant again.. Can DCF in another state get involved?

    Answered about 2 years ago.

    1. Mark Twombly Lee
    2. Michael L Rich
    2 lawyer answers

    My own professional experience in other matters between social service agencies between CT and MA is that they do not communicate with each other proactively. A social worker in CT will speak with a social worker in MA if the social worker in MA is alerted by others to an open case in CT but CT will not automatically notify MA about your arrival in this state just because you have an open case in CT. This is not to say that there isin't some protocol or regulation they are supposed to follow...

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  4. A GAL/Next Friend appointed by the Family Court for an adult is what? The person's counsel? Guardian? Both? Neither?

    Answered about 2 years ago.

    1. Thomas J Callahan
    2. Mark Twombly Lee
    3. William N. Chambers
    3 lawyer answers

    I have actually served as a guardian ad litem in this capacity for persons who were either physically or mentally disabled or disadvantaged or unable, in a way that was appreciable to everyone in the courtroom, to understand asset division and the long term effects of divorce - beyond the actual judgment. Generally, I have served to "approve" agreeements that were entered on behalf of the persons I have represented. The relationship is not attorney/client: it is one of substituted judgment on...

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

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Mark Twombly Lee
    3. Henry Lebensbaum
    3 lawyer answers

    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...

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  6. How is "reside" interpreted?

    Answered almost 2 years ago.

    1. Mark Twombly Lee
    2. Henry Lebensbaum
    3. Joshua N Robbins
    4. Raymond P. Bilodeau
    4 lawyer answers

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

    Answered almost 2 years ago.

    1. Jeffrey K. Varszegi
    2. Mark Twombly Lee
    3. Henry Lebensbaum
    3 lawyer answers

    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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  8. Can I move out of state with out permission from my childs father?

    Answered about 2 years ago.

    1. Todd Allen Davidson
    2. Mark Twombly Lee
    3. William N. Chambers
    3 lawyer answers

    You bet he can. You either need his written permission to relocate or a court order. Absent written permission from Dad, you need to file a Complaint for Modification requesting removal of the children from the Commonwealth and an appropriate inter-state parenting plan between Dad and children. Leaving the state for a job offer -presumably better paying work than you have here in Massachusetts, is proof of an "obvious advantage" to you for the move, which you will have to demonstrate to the...

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  9. Can a non-custodial parent seek education placement out of State without the permission of the custodial parent?

    Answered about 2 years ago.

    1. Philip W. Mason
    2. Michael L Rich
    3. Mark Twombly Lee
    3 lawyer answers

    I read your facts to say that Dad and his new spouse are interferring with your deicsion making and placements. If you have sole custody and legal custody, you probably have to share information with these persons which doesn't make accessing records so important. If your understanding of your sole legal custody is accurate, you have every right to copy the court order setting this status to the educators and evaluators being solicited. Once they get the sense they are being put in the middle,...

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  10. Do you think i have a change on getting them back in to my custody

    Answered about 2 years ago.

    1. Mark Twombly Lee
    2. Kati M. Amarantes
    3. Brynn Sullivan Zawada
    3 lawyer answers

    Grandparents who are awarded custody because of parental unfitness are often difficult to work with. You should not be wasting your time with any legal action until all open matters on your "bad record" are closed and there are no criminal complaints pending against you. If you have medical or mental health issues you should also have a treatment plan and be compliant with that treatment plan before appearing in court, asserting your parental fitness and requesting that the guardianship that...

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