Michael L Rich's Answers

My childs school called DCF on me stating that the child had told them that i beat him with a bat.

Attorney Poulson is right about the school being required to report to DCF IF they had a reasonable suspicion that your child had been abused. He is also right that DCF is required to investigate when it is reported to them that a child has been abused by a caretaker (including a parent). I don't know what "two day period" you think they violated, but, if the DCF investigator thought that you had beaten your child with a bat, you would have heard something in less than 7 days time --...

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What charges can DSS file for my husband driving under the influence with his 10 yr old daughter

DSS (now called Department of Children and Families, DCF) is not usually involved in "filing charges" as that term is usually used. DCF investigates allegations of abuse or neglect of children by the children's caretakers. If the police did not notice your husband to be under the influence at the scene, there may not be any criminal charges but just because he was not arrested, does not mean that the police won't bring a criminal complaint for operating a motor vehicle while under the...

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Mother seeking full custody and child support but fathers name isn't on birth certificate?

Following up on Atty. Reade's answer with your comment in mind, it would seem that the legal father (your husband) would not be inclined to object to you moving the child out of Massachusetts and since you are moving with the child back to his state, he likely wouldn't have standing to complain. The bio father should have a tough time overcoming the presumption that your husband is the father. On the other hand, if you are going to seek support from the birth father rather than the legal father,...

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Can I sue my son's school for negligence and poor supervision?

In special ed cases, you almost always need to "exhaust administrative remedies" before you can sue. "Exhausting administrative remedies" means notifying the school, asking for a team meeting and pursuing appeals through the State Department of Elementary and Secondary Education's Bureau of Special Ed Appeals. If your son is being bullied, the state's new Bullying Prevention Law requires the school to investigate and take steps to protect your son. You should talk to the Principal. If...

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What are a father's rights to his daughter in MA, if child was born out of wedlock?

In addition to what Atty. Reade said, since your name is on the birth certificate, you should be able to be get visitation and work with the Department of Children and Families (DCF) to find out what you need to do to get your daughter out of foster care. If you have any doubts that this is your daughter, now is the time to clear up that issue. Your voluntary acknowledgement of paternity (the notarized document you signed to get your name on the birth certificate) becomes final and nearly...

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Is it illegal to run away and marry?

The short answer to your question is yes, when you are a minor it is illegal to run away. You cannot get married in Massachusetts without parental consent until you are 18. Even if you legally resided in MA, since your parents don't, the city or town clerk cannot issue a marriage license for you until publishing a notice in the paper about your intention to be married. If you ran away from a state in which there are laws prohibiting running away (or moving out of your parents' home...

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What are the rights of the father if the mother have sole legal custody?

To Attorneys Lynch and Sinclair's answers, I would only add that the person with sole legal custody is the one who gets to decide what the other parent gets to do, except in the case of minor, day-to-day activities. Certainly if the mother asks the father to take the child to a doctor's appointment, that is fine, but, if there is non-routine medical care that needs to be decided on, the mother is the one whose permission is needed.

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Do we need to file an injunction?

My suggestion does not apply if NH is where the child or child custody jurisdiction resides, but, in MA, unless there is a specific dispute resolution process in your separation agreement or divorce judgment, the process in a case such as what you describe is to file a complaint for modification, not an injunction. I have included below links to the Mass. Trial Court Law Libraries' "Mass. Law About Modifications" and "Mass. Law About Child Custody".

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My rights as permanent guardian

If there has been a court decree terminating the birth father's rights and thereby ending his right to notification of any adoption of the child, you would not have to notify him specifically but there are still notification provisions in the adoption law. You will, at least, be required to provide the court with certified copies of the birth mother's surrender of her rights and the decree terminating the father's rights. The packet of adoption forms and instructions that you will get from...

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209A instead?

If the child and mother reside in RI legally (i.e. recognized in the custody judgment or through a modification that permitted her to move to RI after an initial custody judgment), any abuse prevention proceeding filed on behalf of the child would also need to be in RI. In MA a parent with legal custody may file a 209A on behalf of their child in the court where the plaintiff resides. Do you just want the mother to stop hitting your son or are you looking to protect him from an abusive...

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