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Howard M Lewis
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Howard Lewis’s Answers

7,013 total


  • What is an alternate caregiver

    dcf just called my husband and told him that we need to find an alternate caregiver

    Howard’s Answer

    Without more information it is difficult to answer your question. However, from the facts it appears that DCF is suggesting that you find someone other than you and your husband to take temporary custody of your children. This could be anyone from a family member or friend of the family. This is a better option than placing the children with a foster family.

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  • How do I legally run someones record?

    My son's mother has a new man living with them and through the grapevine I've heard that his license is revoked due to drug trafficking charges. the boyfriend drives my son around in the mother's car and I feel like it is out of my control. Again,...

    Howard’s Answer

    You can also file a Motion with the Court requesting that it run the Board of Probation record for the boyfriend. You will need to establish in an accompanying Affidavit the basis for your request. Good luck.

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  • Who is responsible for paying health insurance for the family during a divorce? How is this determined?

    I am the higher earning spouse but work for a small business with poor health insurance benefits. How is this decided? I have the physical custody of the children, my spouse is the one paying child support. My spouse works for a large corporat...

    Howard’s Answer

    Typically the court keeps the current health insurance in place. That being said, you and your attorney should look at the different scenarios, including the cost and effect on child support, to determine the best option. The Parties can agree to change the current health insurance situation by agreement.

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  • My ex husband filed for a restraining order against me so i couldn't see or talk to our 11 year old son i could not go to court

    I was in the hospital the day of court.How can I get this restraining order terminated? As of right now I cannot see or talk to my 11 yr old child.My son is not doing well.He needs his mother,Ive always been in his life.He has always lived with me...

    Howard’s Answer

    You should go to the court that issued the restraining order and explain that you were in the hospital on the date of the hearing. The court personnel can assist you with filing the appropriate paperwork to ask for a hearing whereby you can appear and present your side. Good luck.

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  • What are the laws in Massachusetts when it comes to a parent taking their child out of state on their allowed parenting time?

    Reason for the question. Is less than 1 year ago my ex and I entered into a judgement (I filed)... after 7 years of being apart and having open visitation and parenting out side of court orders. He currently has sole and full legal. This was done ...

    Howard’s Answer

    The answer to your first question is "no", your ex-husband cannot unilaterally decide that you cannot spend time with your child during your scheduled weekday visit. Refusal to allow such visits is a contempt of the court order. Regarding the second issue, you should first review your court agreement to see if it addresses either parent taking the child out of state. If not, you should seek court permission to travel to Maine. In my experience, the court will allow for travel out of state, and often out of the country, when the trip is family-related.

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  • Summer Vacation time - Do we need to go to court?

    Hi there, My ex-husband and I finalized our divorce in February of this year. In our CO it states that each party shall receive one full week with our now 2 year old son, in the summer. I have put fourth a request for a week in 2015, as ...

    Howard’s Answer

    Although it seems silly to have to go to court over this issue, if you and your ex-husband cannot agree, you will have no other choice unless you change your vacation week. Good luck.

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  • Is it worth proving I added more equity to my husbands home after 6 years of marriage than he did in 15 if not on deed?

    Husband bought in 1997, two family for $157,00 with 1st wife, refi'ed 5 times with her draining all equity, bring mortgage up to $458,000. Does not make profit off rental, never has he rents under market refusing to put work into property. I too...

    Howard’s Answer

    I'm not quite sure if you are looking for credit in a property division or are looking for alimony. In either case, your contributions, both financial and non-financial, are factors that the judge takes into consideration. I suggest scheduling time to discuss this issue further with your attorney. Good luck.

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  • What to do when your ex dragged your name through the mud

    My ex husband called dcf on me multiple times during a custody battle, while in court he denied this and the judge ordered the un redacted documents and it was shown he was calling and I was cleared of all accusations, but now my children's day c...

    Howard’s Answer

    You may have a basis for a perjury charge, which is a criminal offense, if your husband denied calling DCF while under oath. There may also be a civil action for defamation, but it is unclear given the lack of specificity in the facts. I would contact a criminal or civil attorney for further advice. Good luck.

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  • How do I get reconsider motion when DNA test is negative

    Trying to get a order revised on the behalf of DNA testing

    Howard’s Answer

    You need to provide more facts in order for an attorney to answer your question. Is there an existing order? If so, what is it? Does the DNA test you are referring to regard paternity?

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  • What steps do i need to take to have my 35 year old son evicted

    He resides at my residents and pays nothing toward the household and refuses to abide by the rules.

    Howard’s Answer

    I agree with Atty. Satterwhite. Your son is considered to be a "tenant" and as such, you will need to evict him as you would a non-relative tenant. It is best to seek legal counsel as the eviction procedure can be tricky. Good luck.

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