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Marc Jay Cooper
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Marc Cooper’s Answers

96 total


  • What are my chances or moving out of state with child?

    Right now me, my child and his father live in MA. We have split legal and physical custody of child. There was an incident in the home I'm living at now that makes it unstable, so I planned to move to CT with my brother next month. Where I would b...

    Marc’s Answer

    You must bring an action for Removal before the Probate Court for a determination as to whether you will be permitted to permanently remove the child from the state. The circumstances that you are describing certainly seem to provide some favorable arguments in support of the argument that you would make. You have not provided any information upon which the father would base any claim for physical custody of the child so it is not possible to comment upon that.

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  • Can an unwed mother move from Massachusetts to Virginia with her son without the father's permission?

    My niece lives in Massachusetts and would like to move to Virginia with me in Richmond, Virginia. She currently does not have any place to live and I have more than enough space for her and her son at my home. Do my niece need permission from he...

    Marc’s Answer

    I believe that the answer to the question will hinge on what legal rights, if any, have been established on the father's behalf; but it may very well be necessary to get permission from the Court prior to permanently removing the child.

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  • DCF unfair

    DCF provided me a letter stating my two girls are back in my custody my younger and older son are not yet, and they want my youngest daughter and son to have a supervised visit with their sex offender father.

    Marc’s Answer

    There are attorneys who specialize in working with DCF cases and I would recommend that you seek one out to get some specific advice. These cases can get very complicated and if you do not have someone advocating for you who knows the system and how DCF works, you are very much at their mercy. I strongly urge you to consult with counsel.

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  • Can my wife and I get divorced without selling the house right now and still live in the house?

    We both are still living in the house with our two boys.

    Marc’s Answer

    Yes you can. I do not believe that alimony can be paid to a member of the same household so if your divorce includes an alimony payment which is intended to be deductible by him and income to you, this may very well be precluded by the Internal Revenue Code. This is something that should be looked into in negotiating your settlement.

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  • Leaving Home of Residency Prior Divorce

    Tomorrow (3 Jun 15), I am filling for my divorce after only 5 months married. We bought a house together and it will be place in the market for sale. Am I safe to leave my home of residency without jeopardizing my rights over the property?

    Marc’s Answer

    You should consult with an attorney. It should not have any effect on your entitlement to your share of the net sale proceeds from the home, but there may be other implications in connection with the divorce; so before you leave, you should be sure to get legal advice so that you are fully informed.

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  • How do I modify a visitation order from New York in massachusetts?

    there is a visitation order made in Ny stating that i am supposed to drop off and pick my son up every othere weekEnd. The father does not help me financially. I would like to modify the visitations to make him come pick up our son, child support ...

    Marc’s Answer

    If he still resides in New York and the Orders were entered in New York, then absent an emergency pursuant to which the Court here could choose to exercise jurisdiction, Massachusetts law requires you to go back to the New York Court to seek to modify your existing Order/Judgment.

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  • Child. Custody

    My husband and we were living a part, we separated long time before, we have son togather, I wanted to get custody of my son my husband he is now back in his country cannot come to united state, I am living in Allston, I called many office for leg...

    Marc’s Answer

    You can bring a Complaint for Custody in the Probate Court without the burden of proceeding through a Complaint for Divorce if you desire to do so. It is much more streamlined and less complicated than a divorce action.

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  • Bank refinance requires spousal signature after marriage (with pre-nup and no responsibility)?

    I've owned my home for 15 yrs. I recently married (12/6/14). We have a prenup and the home is 100% mine. I'm currently refinancing with the same bank and they are saying my new husband must sign the mortgage (the promise of property) provided by t...

    Marc’s Answer

    This does not sound correct to me. Ask for the law. If they are claiming that you need him on the mortgage because you don't qualify on your own for the amount that you are seeking to borrow, that is a different situation. However, otherwise, I have never heard of this happening before.

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  • A man with whom I had an affair is claiming that my child is his and not my husbands whom i was married to since child's birth.

    The man has filed an equity complaint to determine paternity. Is there any chance the judge will refuse his request?

    Marc’s Answer

    I have a question as to the procedure that he is using: i.e. an equity compliant as opposed to a Paternity action; but he is likely to have his day in Court to seek to establish paternity.

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  • I have been divorced over ten years. Live in mass. Can I just change my name back to my maiden name

    Hoping to just be able to change without jumping thru hoops

    Marc’s Answer

    If you did not do it at the time of your divorce, then a Name Change Petition is generally required. It is not a complicated process. You can easily do it yourself by going to the Probate Court in your county and obtaining the necessary forms and following the required procedure.

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