Skip to main content
Kenneth P Doherty
Avvo
Pro

Kenneth Doherty’s Answers

204 total


  • My son's father is trying to take my son away from me but even dcf is telling me I'm doing a great job as a mother.

    Department of social services is involved and they are telling me with his open cases they will not give my son to him. I just want my son's father to leave us alone this has been going on for 2 years now and there is a one year restraining order ...

    Kenneth’s Answer

    Though it is always nice to have DCF on your side, do not assume the case is merit-less. Attorneys charge a lot for custody cases because a lot of work is necessary to properly prepare including discovery to be sure there are no surprise allegations/grounds/evidence first heard during a trial when there is no time to provide a proper rebuttal. If you can afford it, get an attorney!

    See question 
  • Parent makes an arrangement at a court appearance for contempt of court for non-payment of child and fails what happens next?

    parent has arrears of nearly 6000 dollars, made an agreement to pay in full within thirty days, that has come and gone.

    Kenneth’s Answer

    At this point you should hire an attorney to investigate what assets the other party has and other collection remedies.....this lawyer will go back to court with you for this recent Contempt and the Judge most likely will Order the other party to reimburse you for the reasonable atty fees!!

    See question 
  • Do I need an attorney?

    I was divorced in 2001. She won the lottery,$1000/wk for life, we agreed as of September 2015 I was to receive half. Now she had a lawyer send papers for me to sign. To agree to $150/week. What should I do?

    Kenneth’s Answer

    Sounds like you should sign the papers before she changes her mind. BUT, Call an atty first. Issues to be discussed include whether you can bring a Modification action for alimony and whether you are entitled to alimony, and how much. Spending money on a lawyer now is wise.

    See question 
  • In a divorce agreement my ex was to keep the property I let her us. she did not keep the agreement.now she in a hospital for lif

    she cause a heating oil spill and the EPA put her in a stroke for life ,Now I am responsible To the EPA want to sell I prayed all the back taxes and her family will not help me with the keys, gave my POA to my friends in mass to look out for ...

    Kenneth’s Answer

    You mention a divorce agreement...did it become a judgment? If so, you owe nothing as a result of any spill. get a lawyer.

    See question 
  • Separated frim my wife. No children. Do i need to give her money. Neither of us has a lawyer yet

    Same sex marriage she owns the house No children Married 7 years.

    Kenneth’s Answer

    Not enough facts in your question to properly advise... Too many unknown variables...Does each party work? How much is earned? Joint marital debts? Don't be so sure that your wife has not consulted an attorney. You should sit down with one for an hour to determine your rights/obligations as well as pre-filing strategies.

    See question 
  • Can a DCF representative testify in a custody trial on a case that was closed 5-6 years ago?

    My son's father was awarded temporary custody until my trial. The judge awarded at the time because he looked over the records from my old DCF case which was closed. My son was never taken away or out of my custody and DCF closed this case aft...

    Kenneth’s Answer

    He can list anyone he wants as a potential witness, but that doesn't mean the judge will want to hear testimony from that person. The Judge will need to be persuaded that the witness has current, relevant evidence to help guide the judge's decision about what is in this child's best interests. Work with your attorney to see if your child can spend essentially equal time with both parents.

    See question 
  • How can I claim damages from a friend directly responsible for the accident, but not from an insurance standpoint?

    I was parked in my car along with a friend in a legal spot. We were waiting for my friend (in another car) to join us. She had apparently decided to pull in to the spot next to mine (to my right). As she was pulling in, the friend in the passenger...

    Kenneth’s Answer

    You can take him to small claims court. Unfortunately that is more time out of your life. If you have insurance to pay for it, the insurance company can chase him for the money.

    See question 
  • I have not been with my wife since 2002 but we have never officially got a divorce. What is the easiest way to get a divorce.

    We have 2 kids together and she has 2 additional kids since we have not been together. My son lives with me and my daughter with her.

    Kenneth’s Answer

    Sounds like a friendly situation. The fastest and easiest way is to file a joint petition which will include filing an Agreement. You should meet with an attorney to draft the Agreement because there a certain things which must be addressed; and certain necessary language to be included. One attaorney can draft the Agreement, but one attorney cannot represent both of you. Good luck!

    See question 
  • Joint legal Custody? Deliberate disregard to judgement and unilateral decision threats?

    Went to court and two years ago and joint legal custody was given with mother receiving full physical custody. Childs mother has a history of making unilateral decisions regarding my 2yr old D care but nothing as drastic as the below. Question i...

    Kenneth’s Answer

    Will she change her mind if you pay most of the cost?
    Because she has full physical custody, she will be allowed to make these decisions. instead of fighting in Court, you may want to spend your money on your daughter and offer to pay for the Montessori.

    See question 
  • Divorce attorney

    I am recently divorced and my ex is moving in with her fiancé which eliminates or minimizes her household financial needs shouldn't this lessen my child support. Especially since she is gettin so much I can't live on my own

    Kenneth’s Answer

    Child support is based on the gross incomes of the parents. There are several instances when one could argue that a deviation from the guidelines is just. To see if any of these exceptions apply to your case you should consult with an attorney.

    See question