We divorced in 2007, but continued to live together with my x- husband until now. Now we are going to separate. Can I sue him and ask to pay off my alimony , what he never did , because we lived together. He supposed to pay 200 $ since Decemb...
If there is a court order that requires him to pay $200 a week since 12/2007 that has never been modified, you can sue for those back payments subject to the defenses your ex-husband may have for contributions he made to your expenses while you cohabited together; passage of time is not relevant - if there is an enforceable court order.See question
My daughter has been with a foster family for 5 months and I just recently found family (my aunt) that is willing to take her. I want my daughter with family and not these 2 strangers.
Your Aunt needs to approach DCF without a criminal record or prior supported complaints and request to be considered as a placement.See question
My childrens mother is trying to move them out of state. I am a very involved father. I go to all their school functions and extra activities/sports. If they move away I will miss out on all of those things. I do not qualify for free aide, altho...
You are not really clear at what stage you are in as far the divorce action is concerned but you can inquire into the Limited Assistance Representation program where you can hire an LAR approved attorney just for specific court events without having to pay a big retainer and have the attorney in the case for everything. Information about attorney's who participate in this program is available in the Probate Clerk's office. If you are working and have an income, you should expect to pay something for representation.See question
I did a step-parent adoption with my wife, our daughter is my biological 7 yr old daughter. we are soon to go our separate ways, but she threatening to take our daughter to another state, she doesnt bond with her, not in any phase of her life, s...
If you are heading for a divorce and custody is going to be contested, a guardian ad litem investigation as part of the court's inquiry into the best interest of the child would be helpful in reaching "who bonds with who", ect. as well as observations of your child with each of you. It adds to the costs of getting divorced but your cannot afford to not have custody - sole or joint custody, with a parent who is threatening to leave the state.See question
I may very soon be facing a situation where I may have to move out of my current residence. I am living with my boyfriend, but I have a feeling we will be breaking up soon. My daughter and I live there with him, and I have primary physical custody...
If you have physical custody of the child then the YANNAS vs. FRONDISTOU-YANNAS, 395 Mass. 704 is the case you want to look at. Avoiding homelessness creates an "obvious advantage" which favors your relocation to where there is housing. Obvious advantage is different from "best interest of the child" - the emphasis shifts to the custodial parent - what benefits you, benefits the child.
Being without housing is NOT NECESSARILY indicative of parental unfitness but you should be on guard against that charge.
Best to file a complaint for modification seeking removal of the child to your state of destination sooner rather than later.
Good luck.See question
I am 14 years old. I have lived with my grandma for 4 years while my other 5 brothers have lived with my parents. My father has abused my mother emotionally and physically for our whole life and he is addicted to heavy drugs, having an overdose ju...
Your grandmother can go to the Probate Court and file a petition for guardianship of a minor. As a 14 year old, you can nominate your grandmother to serve. If DCF does not have concerns about your grandmother or any other adults in her home with you, that should end their involvement in your life. I recommend doing this so they can focus on your siblings who are still at risk in your parents home. I wish you the best of luck. Keep going.See question
My ex wife overdosed on heroin in front my my daughter who was 2 at the time. Her and her family lied to the court and state social workers about who I was to cover up the overdose. The judge awarded my ex mother in law temporary third party custo...
You don't have any facts to sue a lawyer - especially one who represents another party. If your ex or her family gave false information to the court through counsel with regards to your whereabouts, and you can PROVE they knew where you were at the time, you may be able to recover fees against them for a fraud upon the court under M.G.L. c. 231, 6f and a denial of your due process rights.
But then you have to ask yourself, how am I going to recover fees from someone who makes so little they qualify for public counsel? Think about that.
Guardianships of minors cannot survive a fit parent requesting custody of their child: forget right and wrong and the principal of the matter for a moment and focus on proving your fitness to the court and that you were unfairly excluded from notice of the guardianship; sounds like your child needs you.
Living well is the best revenge.See question
Me and my fiancee want to live together i have 50.50 custody of my daughter and cannot relocate due to and recently purchased a 2 family home. She has custody of her son whos father only takes him every other weekend. The move is less then 100 mil...
So as stated above, the court has jurisdiction to look at preserving the children's relationship with the non-custodial parent - and the suggestions that you offer to do all the transportation are going in the right direction to eliminate the issue; the problem is the matter will not get a trial date before the lease renews, ect.
Assuming the distance and travel time are accurate as reported, I would consider a motion for Summary Judgment ( you are on a tight time frame for that if all you have is two months - get busy), a motion for speedy trial emphasizing the limited issues to be heard, or a motion for temporary orders with supporting affidavits as to the engagement, willingness to transport, and the irreparable harm that would follow if the lease has to renew, balance of harm to Dad as opposed to Mom, ect.See question
I live in Mass, and my marriage is a failure, he owns businesses, I am not on any business paperwork, let alone any of his bank accounts. We bought a home together, I'm on the deed, his whole family lives with us. I have massive amounts of student...
Attorney's fees, costs and expenses may be awarded to either party in a divorce; Please review M.G.L. c. 207, M.G.L. c. 208, section 17. Your husband cannot pay $3,500.00 to his attorney without you asking for at least that much. Please get the information you need on this subject before you determine for yourself that all is lost.See question
My kids and I left there father 5 years ago because of domestic violence, we have been in homeless shelters and finally have our own place, my ex moved here and everything was fine ( he has his place, we have ours ), he had been to court for thi...
Sometimes the best relationship is no relationship.
If you are in the midst of getting a divorce, you can ask the court for a civil no contact order under M.G.L. c. 208, section 18. If you are not married or the divorce has concluded and you have been threatened with physical abuse, suffered physical abuse or been forced to have relations against your will you may see a 209A Abuse Prevention order in either the Probate or District Court in the jurisdiction where you live. If you can document three separate incidences of harassment - ( social media counts ), you can seek a Harassment Prevention Order in the district court for the jurisdiction where you reside, under M.G.L. c. 258E.
Good luck.See question