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Alisha S. Tomasino
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Alisha Tomasino’s Answers

31 total

  • If my husband wanted to adopt my children and thier father was no where to be found how would i go about this process?

    my childrens father has not been seen or heard from in almost three years..where he is on the birth certificate is there anyway around me finding him to relinquish his parental rights?

    Alisha’s Answer

    In order to adopt your children, you and your husband would first have to file for adoption in the Probate & Family Court. Upon filing, the Court will provide you with the written citation to be published in the newspaper. Publication is considered notice to your children's father.

    Good luck and if you have any questions, please don't hesitate to contact me.

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  • I am getting married and my fiance wants to adopt my son, I have sole legal & physical custody of him and have a permanant

    restraining order on the biological father to keep him from me and my son. The father has recently taken me to court after 5 years to establish a relationship with his son who does not know him, I have a GAL investigation and highly doubt the cour...

    Alisha’s Answer

    Unless the Probate & Family Court is willing to terminate the father's parental rights, you need his consent for the adoption, despite having sole legal and physical custody. There must be very strong circumstances in place for the Court to terminate the father's rights.

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  • Do out of state records show up on CORI check..?

    I had a DUI first offence in Louisiana in 2009 and I am currently applying for a job in MA. Will it show up in the CORI check or it only shows records in the state of MA?

    Alisha’s Answer

    Oftentimes, criminal offenses, even if out of state will show up on your CORI. There are times that an OUI don't appear on the CORI, but would show up on your driving record. Some employers will check a variety of records.

    Good luck!

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  • What will happen if prosecutors decline my QWOF plea?

    I was arrested on an OUI charge and was arraigned today. I plan to plea QWOF and look for my hardship license immediately. What will happen if my QWOF plea isnt accepted by the prosecutors? Do I then plead guilty?

    Alisha’s Answer

    You don't indicate if this is a first offense OUI, but that is an important factor. Typically, on a first offense OUI, a plea for a CWOF is accepted unless there are outstanding circumstances (for instance, an accident).

    If your CWOF, is not accepted, you then have an opportunity to withdraw the plea of CWOF or to accept the plea that the ADA/Court is offering you. Is there a reason that your CWOF wouldn't be accepted?

    Good luck,

    Alisha Tomasino

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  • I am seeking a divorce

    My wife has been unfaithful and also leaves the kids alone for hours. What are the laws concerning the state of MA. She also works would i have to pay spousal support. I am also military. Thanks

    Alisha’s Answer

    There are so many factors to consider in a divorce, including: how long you've been married, how many children you have, both of your contributions to the marriage (both financially and otherwise), education, health and employability, just to name a few.

    If you could provide more information, I'd be able to give you a clearer picture on what to expect in a divorce.

    Thank you and good luck!

    Alisha Tomasino
    781-860-9500

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  • What can I do when my daughters father accuses me of denying him his time with his child?

    My daughter has been playing baseball for 3 years. Every year her father always gets upset when it interfers with his uncommunicated plans. My parents have custody. We are usually flexible and I know this is important to my daughter. I am sacr...

    Alisha’s Answer

    I do have a few questions for you. In particular, do your parents have custody as the result of a guardianship? And also, was there ever a paternity action or were you previously married to your daughter's father? Is there currently an open court case?

    As your parents have custody, then they have decision-making authority relative to your daughter, and can schedule her activities as they deem appropriate. Even if there were a visitation schedule in place, the father would have to take your daughter to her activities. In an effort to avoid further conflict, I would suggest 2 things: (1) if the father is going to be "irrational and enraged" at you, all of your communication should be via text or email- and perhaps only with your parents, since they are the decision makers, and (2) that a visitation schedule be put in place. This will allow for some consistency for your daughter and hopefully avoid more conflict.

    I would be happy to speak to you about this.

    Good luck!

    Alisha Tomasino
    781-860-9500

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  • What to expect on last day?

    I get off of probation in two days, and I have been in full compliance (completed program, paid fees, even got to go to Disney). However, I have since noticed that I could also have been stipulated to do a residential program (I did a in-patient p...

    Alisha’s Answer

    Given that you can't reach your PO, I would suggest stopping by the court to make sure you have complied with all the terms of your probation. If there are still portions of probation outstanding, you want to be sure that you comply with them to avoid a probation violation. Usually, however, the case closes at the end of probation, and by what you have written, you are probably all set.

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  • Dropping Misdemeanor charges for keeping a disorderly house in Massachusetts and whether I need an attorney

    I hosted a house party that became rather loud. The police came and busted the party and now I have a criminal complaint for violating Mass. Gen Laws 271-53 which is keeper of a disorderly and noisy house. I did the background into the statute an...

    Alisha’s Answer

    Were you arrested or summonsed to court for a clerk's hearing? It is likely that you may even be able to keep the complaint from issuing (in other words, to keep your record entirely clear), at a clerk's hearing, depending on whether your background and the specifics of this case. If you were arrested, it is important to speak to the DA about what they are willing to do in an effort to help you in your future endeavors.

    Like the other lawyers who replied, I do suggest speaking to an attorney about this.

    Good luck!

    Alisha Tomasino
    781-860-9500

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  • What happend if you are being held after the 90 days is up on a section 58 A and you have not yet been back to court?

    we have court tomorrow but will the person being held get a bail?

    Alisha’s Answer

    According to G.L. ch. 276, s. 58A, the Commonwealth cannot detain you for a period exceeding the 90 days "without good cause" shown. This could mean so many things, depending on the circumstances, including whether release would jeopardize the safety of any person in the community.

    The Defendant should get some sort bail hearing. Are they being indicted? Why has there been such a delay? Does the Defendant have an attorney? What kind of record does this person have?

    I would suggest talking to an attorney asap.

    Good luck!

    Alisha Tomsino
    781-860-9500
    www.massfirm.com

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  • Can I move out of state when my ex has visitation rights?

    I have sole legal/sole physical custody of my children. My ex husband has visitation Tues/Thurs from 5pm - 7pm and every other weekend. I am currently in school to get my bachelors degree in criminal justice. When I graduate I will begin my emp...

    Alisha’s Answer

    In order to move your children out of state, you either have to get permission from your ex, or get permission from the Court.

    To get the Court's permission, you have to file a Petition for Removal of the children out of Massachusetts. The standard for a removal action in MA is two-fold: (1) is it in the best interests of the children to move, and (2) is there a "real advantage" to the move? The Court has to consider a number of things, for instance, the possible adverse affect of the elimination or curtailment of your children’s association with your ex, and under "real advantage," you first have to show that you have a sincere reason for the move.

    I would recommend contacting an attorney to discuss this.

    Good luck!

    Alisha Tomasino
    781-860-9500
    www.massfirm.com

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