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Matthew P. Barach

Matthew Barach’s Answers

22 total

  • Question about a restraining order

    I have a child with my ex who I have a restraining order against. There is no visitations set in place and I feel that him and I can both be civil as far as setting up visitations go and where they will be. However; I also want to be present durin...

    Matthew’s Answer

    Yes, you can modify the order to allow for visitation with the child and /or contacts with you and/or the child. Good luck!

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  • If two parents share joint custody of a child, and the mother decides to get married to someone in another state, will court

    let her relocate with the child. Father is very involved in childs life spending over 40% of his time with child... loves the child .....

    Matthew’s Answer

    This is a difficult question.
    "Removal" depends on a number of questions and is very fact specific and can depend on the judge , age of the child and reasons for the move. Best advice is to sit down with an attorney.

    I offer a free consultation.

    Please feel free to call me.

    Best,

    Matthew Barach, Esq.

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  • I want to modify my court order/visitation plan from my ex-bf living in OR?

    My ex-bf and I have a set court order and visitation plan from OR. I have sole legal custody and was granted to relocate to FL. We've been here for 8 mos now and during the whole time we've been here my ex barely contacts my child and has missed 2...

    Matthew’s Answer

    You need to modify it in the state that has the order. Post in Oregon. Good luck!

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  • What if the person trying to get a no fault divorce has had a personality change and

    and is throwing away money on divorce that is retirement money. What can be done? Spouse knows that there is a big change in other spouse on spending money they don't have can't get spouse to go to doctor Need help in Mass.?

    Matthew’s Answer

    You really should speak with a divorce attorney to understand your rights. If the divorce has been filed there is an automatic restraining order that limits what a spouse can do with marital assets. You also cannot force your spouse to see a therapist prior to divorce, but counseling might be an option

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  • My daughter is in DCF custody. They want me to terminate my parental rights & I don't want to. What are my rights?

    DCF changed the goal to adoption. They wAnt me to terminate my rights. They have found a adoption family for her already. I'm taking it to trial because I don't want to give up mY rights to my child. What can I do? What are my rights?

    Matthew’s Answer

    You should speek with your court appointed counsel and make sure that you are both on the same page. You are entitled to counsel and can take the matter to trial. It is important that you understand all of your rights and that you can fight to prevent the adoption of your child. Good luck.

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  • Does Massachusetts have a provision where I can request the court to send the couple to counseling before the divorce can

    process proceeds? Can someone help me get my husband into counseling (50 years of marriage and many children and grandchildren) Husband will not go to doctor and has not done do for well over 10 years?

    Matthew’s Answer

    There is no requirement that a party seek counseling prior to obtaining a divorce. You might want to try counseling on your own and then seek if your husband will attend with you. Otherwise, you may need to file for divorce to get his attention. If you file, perhaps, he will have a change of heart and you can always dismiss the action.

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  • I live in MA. If I am on the babys birth certificate and the baby was given my last name, do I have rights?

    My ex fiance has been admitted to a mental hospital when she was 17 or so (now 20) for cutting. She has been arrested before. I have no record. When she was pregnant, she smoked pot and snorted molly (ecstacy) once. Someone called DSS on her. She ...

    Matthew’s Answer

    Yes. If you are on the birth certificate , you are the baby's father and certainly have rights for custody and visitation. You may need to file a complaint for custody and visitation and you may also need to pay child support as the father of the baby. You should go to the probate and family court where you live and speak to the "lawyer of the day" to obtain some assistance to file the correct paperwork so that you can be involved in the life of your child.

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  • I'm in Iraq and want a divorce but I don't know where my husband is.

    I'm in the military and I'm stationed in Kansas, currently deployed. I got married in North Carolina and I am unsure of how to go about divorce if I don't know where my husband is.

    Matthew’s Answer

    The military has a list of pro bono attorneys who will represent people seeking divorces and can help you obtain counsel and find or serve the papers on your husband. You should contact the military pro bono project for help. It will be an excellent resource for you and great place to start.

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  • My wife & I recently divorced. She holds the family insurance, which I stayed on .

    Her company is now kicking me off of the insurance.Is this legal?

    Matthew’s Answer

    You need to take a look at the health insurance provision in your separation agreement to determine how you will need to respond. You might be able to file a contempt if cutting of your insurance was not allowed in your agreement. It also might depend if the company is self insured. Start with your agreement and consult and attorney is the best advice.

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  • If I share joint custody and take a overseas job posting, can I keep joint custody and have child live with mom and then me?

    After the financial ruin of divorce and 2 years unemployed I have a lucrative job teaching in Abu Dhabi. I want our daughter to live with her mother one years, spend vacations with me, then live with me the next year and spend vacations with her m...

    Matthew’s Answer

    Joe-

    This will depend upon your current agreement with your ex wife, and if she will agree to modify it to allow for what you are proposing. You should work thru her to see what you can agree upon. Removal- leaving the state with a child is an easy proposition particularly to go overseas. Good Luck!

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