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Mark Twombly Lee

Mark Lee’s Answers

83 total


  • What do I need to do to try to vacate the restraining order?

    I live in the Midwest and my ex-wife lives in Massachusetts with our kids and her new husband. Back in 2008 during a phone conversation between her husband in Massachusetts and me here in the Midwest, I said some things during an argument about v...

    Mark’s Answer

    The existence of a restraining order shouldn't prohibit the Probate and Family Court from amending the restraining order and entering orders regarding your lawful contact with your children. Presumably, your children are old enough for email and phone contact at this point and you can work out your own arrangements with them for in-state and intra-state visits. If you paid a lawyer a retainer, the lawyer must bill the retainer before he can keep any money. Have you ever inquired on your bill? Finally, search AVVO for highly rated attorney who can file the appropriate paperwork for you; what you seek is by NO MEANS impossible to get unless your leaving important facts out of your scenario.

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  • How can i stop this from happening . It seems like she just wants to harass us based on absolutely nothing.

    Had 51a filed by social worker at hospital last year based on history only. It was closed with no finding of neglect almost immediately. 14 months later the same social worker just filed another one saying i dont know how you two have been the las...

    Mark’s Answer

    Time Out: You just had a baby. Your not complaining about a DCF social worker - your complaining because a nurse in labor and delivery/ or the hospital social worker called the Department incident to the birth of your daughter. What kind of shape did you arrive in? Is the baby healthy? Nurses and Social Workers in Hospitals are not in desperate need of additional work and without more your question, If the 51A was filed based on your known history with the hospital and your clean, should be screened out with nothing more.

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  • Can you legally move out the house without getting into trouble or made to go back home

    We live in the state of Massachusetts and my niece is 17 years old and she wants to move out of her grandmothers house who has legal custody of her the 17year old wants to move down anuts but is afraid that she's going to get into trouble. We just...

    Mark’s Answer

    Minors aged fourteen and over can nominate their own guardians. The question is not fact specific as to whether or not Grandmother has guardianship.....if there is no guardianship petition, the Aunt can start the process (guardianship of a minor) with the 17 year olds nomination.

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  • I am wondering the custodial parent has to provide clothing during visitation weekends?

    I am the custodial parent, both legal and physical. Her dad has parenting time every other weekend. I have always provided the clothing, however he is no longer washing the clothing and some are being returned stained. I want to give my daughter a...

    Mark’s Answer

    In my practice, I call this clothes wars. Send her over with some clothes, ask her to leave some clothes at Daddies. I presume he is paying support and as a custodial parent, you have the primary obligation to provide clothes. Do what you can to mitigate your understandable annoyance. As she gets older, having the right clothes with her at all times will bring back the suitcase.

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  • Am I allowed to move out when I turn 18 if I'm still in highschool?

    Okay so I live in Massachusetts but I'm originally from Florida and I want to move back with my family when I turn 18 but my mom keeps telling me I can't move out until I graduate highschool is that true? I thought it was legal to leave when your ...

    Mark’s Answer

    There is not legal requirement that can compel you to stay in high school. You are free to make a bad decision on that one. She can only "win" if she can maintain a guardianship over you after your eighteenth birthday on the grounds of a medical certificate or a clinical team report that indicates you unable due to a mental disability to exercise appropriate judgment on your own behalf. I say leave high school and master the eternal question: "Paper or Plastic?" I only learned the value of advanced degrees once I'd spent a few nights starving because I had to wait on a pay check. Education only become valuable when you realize the hoops you have to jump through.

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  • Divorce agreement, saying each parent pays half of uninsured medical bills....

    my divorce agreement says to pay half of childrens medical expenses that are not insured. But i have been reading that in mass its after $250 paid by the custodial parent. Is this standard guidelines or it would have to be written out in the divor...

    Mark’s Answer

    While you pay for the health insurance costs, you did receive 50% credit for that in the calculation of your child support. Best practice is for the custodial parent to pay the first $250.00 of uninsured medical expenses and then to share whatever the costs are after that, but sometimes a bill is the only way you know to ask what the child was brought to the doctor and what the issue is. In any event are you really looking at a big expense?

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  • How does the judge factor in custody or visitations in regards to the above, what is considered the best interest of a child?

    How likely is a judge going to grant partial custody to a young kid who lives at home, has no car, says he works, but can't come up with any money to pay support. He uses his mother's car, which I'm pretty sure he is not listed as a driver, in the...

    Mark’s Answer

    I presume from your description that the Father is not on the birth certificate or if he is you are not recieving benefits so D.O.R. is not involved for child support collection. There are guidelines for visitation with infants (AFCC) if the Father ever seeks parenting time; those times are limited when a child is breast feeding. If you are not looking for support, its up to Dad to head to court. Dont worry. If you do go to court, dont go alone .

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  • Modification to a recent divorce order for me to do all the picking up and dropping off at kids home, claiming shes scared

    i am now divorced, i have joint legal custody. i have my kids everu other weekend i pick them up at the mothers home at 6 and i have them until monday morning and i bring them to school. i have them 3 hours one weekday which i pick up and drop off...

    Mark’s Answer

    I agree that a police station is that last place child exchanges should occur: whats the message to your kids about mom and dads ability to solve problems if you do it there? You mentioned you are divorced and she is taking you back to court -she has filed a complaint for modification? Whats changed? Is your divorce judgement recent? Whats changed? She has to prove a change from the last judgment. Obtain copies of the harassment dismissal and file an answer to her complaint that denies any change. Negociate a public place for exchanges if you want; in the meantime pick the children up with a witness preferably not your girlfriend.

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  • What are all my legal rights as a Mother based on my scenario, including custody, is it sole legal and physical? What is mycase

    I am a 35 yr's old, had a brief thing with a man I thought was 27, I was 34 at the time. Our thing ended, found out I was pregnant, didn't hear back from him until after 8 weeks which I decided to keep the baby, it was then he told me he we only ...

    Mark’s Answer

    If the father has not signed the birth certificate and there has been no adjudication of paternity in any court, you are the only parent and have sole legal and physical custody of the child. At this point the only way that would change is if the father had a change of heart and went to court to adjudicate his rights; from the sounds of things that doesn't sound likely.

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  • What can we do? What are our rights?

    My fiancee and I have had our step son for almost 2years because the childs mother couldn't handle him. We have attempted to get her to court to adjust custody and support numerous times but have had difficulties because she lives in another state...

    Mark’s Answer

    If the child has lived in Massachusetts for 2 years Massachusetts has jurisdiction over his person. You need to hire an attorney and get into court on the emergency motion with a supporting affidavit from both of you as well as school records verifying where the child has been domiciled, if the child remains in the other state for more than 6 months whatever the two of you have done for the last two years will just be a matter of past history.

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