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Karen M. Buckley

Karen Buckley’s Answers

173 total


  • Can I appeal a family court decision?

    I had a court appointment on April 8, 2013, I had a food poisoning and I was sick all night. Instead of going to court I went to the doctor, because I failed to appear in court, the judge remove my legal and physical custody of my child. My daught...

    Karen’s Answer

    I agree with my colleagues that you should consult a family law attorney ASAP. If this was a motion, you can file for reconsideration based upon your illness, but you will need documentation and there are specific time frames and procedures. If it was a trial, you will also need documentation to show why you failed to appear, and also did not call the Court on the day of to explain your inability to appear., Short answer-get a lawyer STAT! Best of luck

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  • How do I get my ex-husband to actually PAY his child support for our child over 18? $3200/ month has become $200/month.

    I have called DOR, called the 800 number, sent in the paperwork to go back to court but it's still been over a month. Our utilities are being shut off, and my son cannot go to his college classes any longer because I can't pay for the gas $. He wo...

    Karen’s Answer

    I'm sorry you are having such a hard time. You can file a complaint for contempt, and file a motion to override the list & ask for a speedy hearing. You will need to spell out your financial situation and why you need relief as soon as possible. Middlesex Probate and Family Court does have a lawyer of the day program, who can help you fill out the necessary paperwork. Best of luck.

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  • How do i pick up my children for my court scheduled weekend visits, when their mother has filed a no trespass on me at our home?

    my soon to be ex wife, has been using the system. she filed a RO got me kicked out of the home, 10 days later rescinded the RO but had the court file papers that I am not allowed inside the home. 1 month later i moved back in to reconcile, and 3 w...

    Karen’s Answer

    First, please seek the advice of a family law attorney. You do not want to be arrested for violating the no trespass order, particularly if it is part of a 209A domestic violence order. My colleague gave you sound advice about alternatives to picking the children up. This will need to be negotiated and, given the current animosity, it would be better to do this through attorneys so there is less chance of misunderstandings. You should also seek a temporary order regarding legal custody and parenting time. Again, a family law attorney can assist you with this. Best of luck.

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  • Is there any other way to change your children's last name with out going through court if the father will agree

    I am unwed mother of children children oldest child being 3yrs old. The father hardly calls the kids when hes at work. He sees them on tues wed and sometimes thurs. I want to change the children's last name since my families last name ends with me...

    Karen’s Answer

    If you are seeking to change the child's name from something other than what is on the birth certificate, you will need to file a petition to change name. If the father agrees, it will be a fairly easy process. A family law attorney can help you navigate the process.

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  • Do I still need a modification hearing if my daughter's University sent me a letter stating she graduated from college?

    My daughter has been out of college for months & DOR told me that it would be hard to get a letter from her college. I asked the school anyways & they supplied me with one stating that she is no longer a student & has graduated, so what is next to...

    Karen’s Answer

    I would suggest filing a complaint for modification to ensure the child support obligation is terminated, if your child is over the age of 21 and/or is no longer dependent upon her parents for support.

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  • My husband who has hit me and my mother in the past(arrested both times) wants shared custody. Is it possible?

    I didnt press charges against him, I took him back and tried to work things out. I cheated on him while he was out. He has had 2 arrests on him, one when he hit me and one when he hit my mother. He recently found out and now wants to divorce, we h...

    Karen’s Answer

    First, please make sure you and your family are safe. Second, you should consult a family law attorney as soon as possible. It is not clear whether he is seeking joint legal custody-which relates to joint decision making for your child regarding health, education & religious matters, or if he is seeking joint physical custody-which relates to how much parenting time you each have with your child. If there has been domestic violence, particularly in the presence of your child, that is a factor the Court must consider when determining custody. An experienced family law attorney will be able to assist you. I would not wait for him to file, but would start the divorce action and seek temporary orders that will protect your and your child's best interests. Best of luck to you.

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  • Child custody

    If my ex and I have legal custody of our daughter and he has physical custody, per agreement when we sat down with a mediator, how do I go about getting physical custody myself?

    Karen’s Answer

    It is not clear whether this is a divorce or paternity situation, or how long it has been since the judgment was entered. In general, one needs to show a material change of circumstances and that a change in the custody arrangement is in the best interests of the child. This is a very fact specific issue to present to the Court- why are you seeking the change and why you believe the change is in the best interests of your child. I recommend you at least consult with a family law attorney to discuss this matter in detail so you can be advised of your options. If you and your ex have a reasonably good relationship, you may be able to negotiate a change without resorting to extensive litigation. Again, a family law attorney will be able to assist you with this matter. Best of luck.

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  • At what age (in Massachusetts) does the child's wishes regarding visitation be taken into consideration

    My 11year old daughter wants to cut back on having to go to her fathers house per the current visitation order. The original order is from when she was 2, not taking into account sports, friends, activities, school events, etc. The father is inf...

    Karen’s Answer

    You will need to file a complaint for modification, stating that there has been a change in circumstances. Although 11 is young to be able to dictate what she wants, her feelings may be a factor. It is important that you not do anything to negatively influence her feelings toward her father. Even if the parenting plan is not changed significantly, one relief you should request is that the father allow the child to participate in extracurricular activities and that he be responsible for ensuring she is able to do so when it is during his parenting time. I recommend you speak with a family law attorney to help you understand your options and how to best present your case. Good lcuk to you.

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  • When I have an abuse prevention order signed by a judge, does that mean i have custody and can take my child out of the state?

    I had an abuse prevention order, and verbally told the judge I was going to Texas for a week with my daughter. She said ok, be back in a week for the next hearing. I said yes your honor. The defendant is trying to say I abducted my daughter. B...

    Karen’s Answer

    The 209A should provide whether you were granted custody. If you were, then taking your child out of state on vacation, that should not be a problem. It is not abduction if it is a short vacation and you return with the child to the state and appear at the next hearing.

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  • What happens at a P r e Trial Conference?

    I would like to know what happens at a P r e Trial Conference for Domestic Relations/Equity. Here are some details: I am the father of a daughter who is almost four years old. I have filed for custody first in this matter. The cur...

    Karen’s Answer

    Since you are represented by an attorney, you should ask him/her what to expect at the pretrial conference. Your attorney presumably has knowledge of all the facts of your case and is in the best position to advise you. Best of luck.

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