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Mark Twombly Lee

Mark Lee’s Answers

109 total


  • Am I allowed to move out when I turn 18 if I'm still in highschool?

    Okay so I live in Massachusetts but I'm originally from Florida and I want to move back with my family when I turn 18 but my mom keeps telling me I can't move out until I graduate highschool is that true? I thought it was legal to leave when your ...

    Mark’s Answer

    There is not legal requirement that can compel you to stay in high school. You are free to make a bad decision on that one. She can only "win" if she can maintain a guardianship over you after your eighteenth birthday on the grounds of a medical certificate or a clinical team report that indicates you unable due to a mental disability to exercise appropriate judgment on your own behalf. I say leave high school and master the eternal question: "Paper or Plastic?" I only learned the value of advanced degrees once I'd spent a few nights starving because I had to wait on a pay check. Education only become valuable when you realize the hoops you have to jump through.

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  • Divorce agreement, saying each parent pays half of uninsured medical bills....

    my divorce agreement says to pay half of childrens medical expenses that are not insured. But i have been reading that in mass its after $250 paid by the custodial parent. Is this standard guidelines or it would have to be written out in the divor...

    Mark’s Answer

    While you pay for the health insurance costs, you did receive 50% credit for that in the calculation of your child support. Best practice is for the custodial parent to pay the first $250.00 of uninsured medical expenses and then to share whatever the costs are after that, but sometimes a bill is the only way you know to ask what the child was brought to the doctor and what the issue is. In any event are you really looking at a big expense?

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  • How does the judge factor in custody or visitations in regards to the above, what is considered the best interest of a child?

    How likely is a judge going to grant partial custody to a young kid who lives at home, has no car, says he works, but can't come up with any money to pay support. He uses his mother's car, which I'm pretty sure he is not listed as a driver, in the...

    Mark’s Answer

    I presume from your description that the Father is not on the birth certificate or if he is you are not recieving benefits so D.O.R. is not involved for child support collection. There are guidelines for visitation with infants (AFCC) if the Father ever seeks parenting time; those times are limited when a child is breast feeding. If you are not looking for support, its up to Dad to head to court. Dont worry. If you do go to court, dont go alone .

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  • Modification to a recent divorce order for me to do all the picking up and dropping off at kids home, claiming shes scared

    i am now divorced, i have joint legal custody. i have my kids everu other weekend i pick them up at the mothers home at 6 and i have them until monday morning and i bring them to school. i have them 3 hours one weekday which i pick up and drop off...

    Mark’s Answer

    I agree that a police station is that last place child exchanges should occur: whats the message to your kids about mom and dads ability to solve problems if you do it there? You mentioned you are divorced and she is taking you back to court -she has filed a complaint for modification? Whats changed? Is your divorce judgement recent? Whats changed? She has to prove a change from the last judgment. Obtain copies of the harassment dismissal and file an answer to her complaint that denies any change. Negociate a public place for exchanges if you want; in the meantime pick the children up with a witness preferably not your girlfriend.

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  • What are all my legal rights as a Mother based on my scenario, including custody, is it sole legal and physical? What is mycase

    I am a 35 yr's old, had a brief thing with a man I thought was 27, I was 34 at the time. Our thing ended, found out I was pregnant, didn't hear back from him until after 8 weeks which I decided to keep the baby, it was then he told me he we only ...

    Mark’s Answer

    If the father has not signed the birth certificate and there has been no adjudication of paternity in any court, you are the only parent and have sole legal and physical custody of the child. At this point the only way that would change is if the father had a change of heart and went to court to adjudicate his rights; from the sounds of things that doesn't sound likely.

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  • What can we do? What are our rights?

    My fiancee and I have had our step son for almost 2years because the childs mother couldn't handle him. We have attempted to get her to court to adjust custody and support numerous times but have had difficulties because she lives in another state...

    Mark’s Answer

    If the child has lived in Massachusetts for 2 years Massachusetts has jurisdiction over his person. You need to hire an attorney and get into court on the emergency motion with a supporting affidavit from both of you as well as school records verifying where the child has been domiciled, if the child remains in the other state for more than 6 months whatever the two of you have done for the last two years will just be a matter of past history.

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  • What Happens if your divorce settlement doesn't work out?

    I am seven months into my divorce and our settlement is a disaster. Parts of it are not being met by my ex spouse. Parts of it have caused a lot of problems, and parts of it need to change. A lot of it pertains to custody and parenting time. Some ...

    Mark’s Answer

    You can attack the underlying judgment itself under Rule 60(b) - in the case of settlements, if you can allege that facts not known by either of you at the time of settlement have now made performance either difficult or altered the benefit of the bargain you struck, a judge may hold a hearing on those issues and amend the judgment. You then have post judgment remedies like a Complaint for Contempt if your ex is not following the terms of the judgment or a Complaint for Modification on child custody issues to address what you allude to about things changing - under most settlement agreements, asset division is final and not subject to modification under M.G.L. c. 208, section 28. Scrapping your settlement agreement and starting all over is not an option unless you can allege serious fraud based grounds under Rule 60(b).

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  • What is a fair schedule for Christmas/Christmas Eve with a shared living/parenting plan and one parent is being difficult?

    I am in a shared living/parenting arrangement with my future ex. The temporary schedule we have from the court revolves around our work schedules so it happens to work out where he will have our children from 2pm on Christmas Eve until 9am Christm...

    Mark’s Answer

    The typical parenting schedule is always trumped by the holiday schedule. In the absence of a specific written holiday schedule, I would think that you keeping the children Christmas Day through 9 o'clock the next morning would begin to approach fair. The children spent the day and evening of Christmas Eve with one of you why shouldn't they spend the following day with the other?

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  • My divorce papers say my ex is responsible for paying house mortgage and refinancing to remove my name after 1 year. It has been

    My divorce papers say my ex is responsible for paying house mortgage and refinancing to remove my name after 1 year. It has been 14 months and he has not. What rights do I have?

    Mark’s Answer

    Like everything in the law, "it depends", your separation agreement should provide that if he has not refinanced within 12 month, the two of you are to agree on a real estate broker and list the house for sale. If your agreement is silent on this, you need to file a complaint for contempt and ask for this as part of the judgment. I have to be honest with you though, I've found the contempt process in the probate court to reward bad behavior in allowing the ex-spouse who is in the house all kinds of additional time in the house while the sale process drags out; depending on how motivated the judge is to move the process along to sale, you might wish to file a petition to partition, obtain the appointment of a commissioner and have your ex. held responsible for all of the costs associated with making the sale happen through the commissioner. Be wary of a process that can go on for way too long.

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  • Can a family court judge override a juvenile court judge

    in regards to guardianship of a minor child

    Mark’s Answer

    • Selected as best answer

    No not if there is already care and custody petition pending in the juvenile court before you file a petition for guardianship in the probate court; And when you file in Probate, you are obligated to disclose that there are prior juvenile court proceedings impacting the child - at that point the judge hearing your case will defer to the Juvenile Court, which has original, concurrent jurisdiction with the Probate court in matters of guardianship of minors. You can certainly file for guardianship in a C&P in juvenile, but it will not be heard until the parental rights of the parents are terminated. If your family is already in Juvenile court, I would be working hard with the Department to have the children "placed" with you while the action is pending.

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