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Robert J McCarthy

Robert McCarthy’s Answers

59 total

  • Can I move out of my house when i`m 18?

    I am 17 years old, and don`t get along what so ever with my dad and my new step mom! I`ve tried working things out but ive given up, I`m tired of drama. I need to know if on my 18th birthday if I can move out even wihtout my dads permission. I als...

    Robert’s Answer

    Check out the below link for further information. Good luck and stay safe.

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  • Do I have the right to get payed being power of attorey why she was in a nursing home by the estate after she dies ?

    do I have the right to get payed being power of attorey why she was in a nursing home by the estate after she dies ?

    Robert’s Answer

    There is nothing in the Massachusetts Uniform Probate Code which states that an attorney in fact has a "right" or is "entitled" to compensation. But there is also nothing in the code that states that an attorney in fact cannot receive compensation. Does the power of attorney document that you worked under mention compensation or did the person you served as attorney in fact give you an expectation that you would be compensated? Since you mentioned that the principal was in a nursing home, the economics of pursuing any claim of compensation must be carefully weighed.

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  • Whats The Age that a Teen could move out of a parents house with out any problems or gettin envolved in court or DCF (state:MA)

    I WAS WONDERING WHAT I HAVE TO DO OR CAN DO IM 17 YR OLD FEMALE VERY INDEPENDENT AND I WANT TO START LIVING ON MY OWN

    Robert’s Answer

    The age that a teen can move out of their home without any problems and with getting the Department of Children and Families involved is eighteen in Massachusetts. Most judges will not grant a minor (a person under eighteen) emancipated status.

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  • Hello I Am 17 years old i will be turning 18 in January. (female) i work im independent aways have been and i want to move out

    Hello I Am 17 years old i will be turning 18 in January. (female)I currently work at Baystate Medical Center at the medical supplies department located in Springfield MA, Ive been working there sence i was 15 thru a school program i was the young...

    Robert’s Answer

    Here is a link to information regarding emancipation of minors in Massachusetts: http://www.masslegalhelp.org/children-and-families/emancipation Most judges will not grant a minor emancipated status. Also, if a judge is not convinced that emancipation is in a minor's best interests and their story sounds like there may be abuse, neglect, or abandonment, the judge may ask the the Department of Children and Families or probation to investigate.

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  • I am a father who is fighting to regain my parential rights and need help on finding an affordable lawyer, and or represent

    myself

    Robert’s Answer

    You may find these links to the Virginia Legal Aid Society and Virginia Legal Aid a good starting point: http://www.vlas.org/ http://www.valegalaid.org/

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  • To get divorce kentucky says that we have to take class on child she lives in florida and she says she doesn;t have to

    we have been seprated for 9 years we have no assets or moneys i send 400 amonth plus have the children 2 months ayear plus school and medical we have agreed on every thing and the only hold up is that child class

    Robert’s Answer

    Here are two frequently asked questions and accompanying answers from the Kentucky Court of Justice website regarding the Families in Transition (FIT) program.

    Q. What if one parent fails to attend FIT?

    A. If you are the parent filing for the divorce, you must attend FIT. If the other parent fails to attend, the divorce may still be granted; however, the court may hold that parent in contempt of court or impose other sanctions for failure to comply with a Court Order .

    Q. I have moved out of state, what should I do about attending the required divorce education program?

    A. Contact the court in your jurisdiction for available divorce education programs equivalent to the FIT program. There are numerous divorce education programs around the country and have internet sites.

    Here is the link to frequently asked questions regarding FIT: http://courts.ky.gov/stateprograms/divorceeducation/fitfaqs.htm#fails

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  • My son is divorced, he has sole legal custody and he and his ex share legal custody.

    They live in my house and I have been "mother" to the children for 4 years. They are well adjusted at home, in school, and 2 GALs have determined this is the best place for them. If my son dies what are my chances of getting custody of them? Mo...

    Robert’s Answer

    Check out the link to this document and read section 5-202 (Parental or guardian appointment of guardian for minor) for information regarding the appointment of a guardian for the children. Also, judge's are inclined to award children to stable caretakers as opposed to awarding custody to abusive, absent and unstable parents. It may be a good idea to keep a journal noting the mother's inconsistencies, absences from visits and unusual behavior. (Note that the children should never be allowed to be with a person who is physically or psychologically dangerous to them.) Finally, your son may consider drafting a will and naming you within the will as the guardian of the children. Parents also have the opportunity under G.L. c. 190, section 5-103 to appoint a temporary agent to take care of their children for a period not to exceed sixty days. http://www.massprobatecode.com/article-v/ If you haven't done so already, try and speak to your son and the mother to come to some sort of understanding should your son predecease you and the mother.

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  • Police clearance report....what do they see?

    I need to get a police clearance letter to go to this camp as a volunteer soon (all volunteers do). I have a shoplifting case that is technically still open until I finish my community service but it will be dismissed once I finish. I plead not gu...

    Robert’s Answer

    CORI reports show a person's entire adult criminal history. The CORI report doesn't contain details of an arrest, but will report whether a charge was dismissed, continued without a finding, found guilty, etc.

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  • When i get Emancipated at 16 can i sign to buy an apartment ?

    i will have a job and a child.

    Robert’s Answer

    According to Illinois Compiled Statutes (Chapter 750, Families Act 30, Emancipation of Minors Act) a mature minor ordered emancipated shall have the right to enter into valid legal contracts, and shall have such other rights and responsibilities as the court may order. A lease is a form of contract. Check with an Illinois attorney.

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  • Is it legal for police to tow your car for having no inspection. Sticker but my cars are registered and insured

    My neighbor has been harassing me for over a year about my cars being ugly. He has been calking the police going to every town office and they didn't do anything. A few days ago the police chief. Showed up towed 2 of my cars and told me he'd tow t...

    Robert’s Answer

    Most claims for money damages against the Commonwealth, a state agency or authority, or a city or town that are based on the negligence or intentional wrongdoing of a public official or employee must be brought under the Massachusetts Tort Claims Act. (See G.L. c. 258) Such an action would be a pretty expensive proposition. A person may bring a small claim in the District Court generally based on a government contract, a claim against a housing authority, or a claim authorized by some other statute.

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