I went to court to get scheduled visitation and was given every other weekend but now after the judgement was made the mother doesn't care about getting my child to me on my weekends she puts everything and everyone ahead of my time I just want to...
You file a Complaint for Contempt setting fourth the visitation order and the date the court entered it and each date Mom denied you access to the children for your parenting time. The court will order make up time. If you are lucky it will also order monetary sanctions for future willful violations -ask for that. Depending on your income the $5.00 dollar filing fee and service costs can be waived. If you have your paperwork in order, this is not something you need to hire counsel for, so do it. Court Orders are not options and there are two many parents out there who prioritize conflicts with their ex's in favor of what would make the kids happy.See question
I am going through a divorce in Massachusetts, I am on disability for mental issues, we were married for 20 years, no children, no property, no savings of any kind. She has worked off and on and on a severance package from her last position. She ...
Alimony is determined by the need of one spouse and the ability of the other to pay: she can show need but to your point - she could earn an income. If your wife has not reached full social security retirement age, cannot prove disability and is not home taking care of young children, in most jurisdictions, at least a full time minimum wage income will be imputed to her, if not more if she has advanced degrees or certificates. While she may certainly be able to prove "need" if she has no income, the reasons why she has no income will be looked atSee question
Situation is the following,if a woman is pregnant, and the presume father wants to make sure the baby is his ,and he is waiting for the baby is born for a dna test ,but she manipulate him saying she is moving out of state is she allow too?
I've had this case situation. There is nothing a court can do to prevent a pregnant woman from leaving the state. The state has no jurisdiction over the child until the child is born. Once the child is born, M.G.L. c. 208, section 30 is in effect.See question
How long is the process can I get visitation why we are in the process of court
Not clear to me if you mean custody by the term guardianship, or someone else has guardianship of your children. If the childrens guardian is not permitting guardianship you need to file a petition to terminate the guardianship and while it is pending, you file a motion for temporary orders to establish visits. Same thing if the propblem is custody and parenting between two parents - you file a complaint for modification and a motion for temporary orders for visits.See question
Husband and wife cant agree as to let daughter move back in
I assume of age means the child is over eighteen. Legally, ( which is why you are here), so long as you are on the deed to the property or lease for the apartment, you have the right to evict the child. Give a notice to quit an proceed to court once it expires. If there is domestic violence in play, you have the right to a stay away order under a 209A Abuse Prevention Order. Parents have been kicking kids out for centuries without due process, but as a lawyer, I can't advise that.See question
I reside in Gardner MA, but my court hearings in Plymouth, MA. I do not have that much funds to afford a lawyer which is why I was looking to find pro bono. But I need help and need a lawyer as long as its low cost and payment plan, but I do not k...
Start with the Lawyer for the Day Program in the Worcester Probate and Family Court. The Lawyer for the day can assist with filling out forms or answering complaints. You can try the Worcester County Bar Association Pro Bono Panel if you qualify. There is also the (LAR) Limited Assistance Representation program where you can hire a lawyer just for the day you need one in court. There is a list of qualified practioners at the counter at the Worcester Probate and Family Court. Good Luck.See question
Married in MA 15 years ago, daughters 10 and 12. About 1 year ago, after discussion with my wife, I accepted a job in CO. We agreed that she and the girls would move from MA to CO the following year during school summer break. My wife's family is ...
Absence doesn't always make the heart grow fonder, I guess. I am sorry for your trouble. Colorado does not have jurisdiction over your children or your wife or the marital assets you have back in Massachusetts. A pre-emptive filing in Colorado might get you divorced (only) if you have made yourself a domiciliary of that state for the requisite period of time required in that state.
You do not have any kind of written post-nuptial agreement for the deal you struck with your wife back in Massachusetts which would define the consequences for a breach of your agreement- so no, there is no way to compel her to observe the oral agreements she made with you regarding your employment and her move to Colorado.
Your options are to remain in Colorado and file your own divorce complaint in Massachusetts and request custody of the children; or acknowledge they are remaining in Massachusetts and request an inter-state parenting plan OR leave your job, move back to Massachusetts and back into the marital residence, I presume you own or rented and file for divorce and work out custody of the kids within this state. Ordinarily, leaving employment incident to a divorce complaint is a no-no for anyone, but on these facts, you agreed to be a family in Colorado, not a child support payor living in exile in Colorado.See question
I want to move out of state with my kids and the father of one of children is now wanting to file for joint custody to try to prevent me from moving. I am planning on moving in with my fiance to a 3 bedroom house and have had job offers as well. I...
M.G.L. c. 208, section 30 states: A minor child of divorced ( or unmarried ) parents who is a native of or has resided five years within this commonwealth and over whose custody and maintenance a probate court has jurisdiction shall not, if of suitable age to signify his consent, be removed out of this commonwealth without such consent, or, if under that age, without the consent of both parents, unless the court upon cause shown otherwise orders. You need to file a complaint for modification or the prior judgment giving you custody of the child in question requesting authority to move to the state. Case law indicates that the non-custodial parent cannot file for "joint custody" on the basis of you wanting to move - that is not sufficient grounds. If you are moving to state next to Massachusetts, you should be able to file for temporary orders and permission to get the move done - then you need to work on the parenting plan times and exchange places. Good luck.See question
We have a tenant at will that was providing cleaning/cooking for a free room in our house. We caught her stealing and want her to move out, but she refuses to leave. She is no longer providing any services or paying any rent. We served her 30 ...
If there is no written agreement or no monthly rent due on a certain date you may have an up hill battle proving "month to month" tenancy which is normally terminated by a thirty day notice. Be wary of M.G.L. c 186 § 12, which provides in pertinent part: "Estates at will may be determined by either party by three months' notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer…"See question
Renting apt. with boyfriend for past 10 years, boyfriend just passed away in Nov. I stayed in apt., boyfriend thought something was wrong, electric bill too high. He was on a budget because his age., 78, I had elect. put in my name. Long story sho...
In quickly reading this, I believe your Landlord has your apartment paying for all the utilities for the entire house which is a big no-no. The Department of Public Utilities has established procedures, 220 C.M.R. §29.00, which allow electric and gas companies to credit tenants and bill owners of residential rental property for past utility service improperly billed to tenant customers. You may wish to file a grievance with them for the landlord getting his utilities paid on your bill without a written agreement with you.
Your landlord may require that you pay for common area lighting, but 105 C.M.R. 410.254 requires that your landlord may do so only if (1) the building contains fewer than four units; (2) there is a written agreement stating that you are responsible for payment of your unit’s electric service, to which the common area lighting is wired; and (3) the landlord informs the occupants of the other units that you are paying for the lights in the common area.
Under the State Sanitary Code, 105 C.M.R. §410.180 (water), §410.190 (hot water), §410.201 (heating fuel)), and §410.354(A)-(C) (electricity and gas), the owner (or landlord) of rental housing is required to provide (and pay for) these essential utilities, unless there are separate meters for each unit and a written rental agreement that provides for payment by the occupant.See question