Three weeks ago I asked about getting custody of a child that was taken into Dcf custody because her mother has a mental illness and a drug problem. The advice I was given was to fill out an application to be a foster parent, which I did. I still ...
The child should have an appointed attorney. You should reach out to that attorney and explain that you have files for foster parent status but it is taking too long. He may be able to speed up the process through motion, or nominate you as a third-party placement. You cannot file for guardianship in the juvenile court at this time. The chows lawyer should explain that to you.See question
15 year old child's mother has a mental illness and is currently in the hospital because of an overdose. They are going to put a psych hold on her and she will not be out within 72 hours to challenge DCF's decision to take her child. Besides the c...
Call DCF and complete a registration of interest as a placement for the child which is the first step to seeking DCF approval. Next contact the mother’s attorney assigned by the Juvenile Court – her attorney can nominate you, on her behalf, at the 72 hour hearing as a placement over the objections of DCF.See question
My kids in dcf cause im homeless can i get my custody back when i go into a family shelter
If your kids are in DCF custody, you should have a court appointed attorney who can answer this question based on your particular facts rather than as a hypothetical. That said, homelessness, by itself, is generally not sufficient for DCF to take custody of your children unless the can show that the hopelessness jeopardizes the child health and safety. Your social worker should be working with you to develop a "service lan" with specific goals for reunification with your children - contact you attorney to get the service palna moving.See question
The DCF investigator involved in my case has not contacted me in any way shape or form despite me attempting to contact her several times. I was interviewed by a completely different investigator as a courtesy and i'm concerned that the biased ori...
While it is not clear, I assume the subject of your question on the DCF investigation and the guardianship is your child. I am also assuming that the guardianship is through the probate and family court.
As to your first question, if you think the investigator unfairly supported the case you can file for a fair hearing. However, if the supported matter is closed due to the guardianship, it may not be worth pursuing the matter – I would suggest that pursuing the guardianship and regaining the custody of the child is more important.
If your custody of the child is challenged in either the Juvenile Court as a Care and Protection matter prosecuted by DCF, or in the Probate and Family Court under a Petition for Guardianship of a minor you have a right to an attorney provided by the state if you cannot afford one. In either matter, you need an attorney – these can be complex matters requiring a thorough understanding of the law and court procedure (the ability to access and present countervailing evidence such as the medical records uou reference). This is particularly true if the proposed guardian is supported by DCF. Rightly or wrongly the Probate Court gives substantial weigh to DCF’ position.
We are doing mutual agreement divorce, and i have classes at the college till the end of May three nights a week (including the days for the parenting classes), so i cannot attend the parenting classes.
Some courts will allow you to file if you have proof of enrollment, however your divorce will not be finalized until the classes are completed. Some court will exempt you from taking the classes for good cause on motion, but the reasons must be compelling to the court. Call the clerk at the court and ask.See question
my ex sister in law has custody of her. my granddaughter want tp live with me
Your only avenue for obtaining court ordered visitation with your granddaughter is through a complaint for grand parent visitation, or a petition for visitation asserting de facto parent status. Either path will require you to show a significant pre-existing relationship with the child and show that a harm will result if you are excluded from her life. It is a high legal hurdle and very proceduraly dependent. You will need a lawyer.See question
My soon-to-be-ex owned a house valued at $700K when we married 13 years ago. I earned $1M during the marriage, she earned $0 in wages and $325K in capital gains, and the value of the house rose by $400K. We have a 12-year old son. She is vindic...
Your earnings are really only applicable to the determination of child support which will simply reflect the application of of your respective earnings to the Massachusetts Child Support Guidelines. As for the division of the marital home, I agree with the previous attorneys that you need representation to maximize your portion - there are many factors and judges have substantial discretion in their application (see MGL208, sec 24).
That said, the marital home will be treated as a part of the marital estate (all property owned by either party), and the court will divide the entire estate fairly and equitably. Your wife is likely to argue that home should be excluded from the estate because of her ownership at the time of the marriage. Given the length of the marriage and the integration of the home expenses into the fabric of the the marriage, she will not succeed fully, but may succeed partially. It is possible that a portion of the the home equity at the time of the marriage will be recognized a pre-marital asset. Her success will be dependent on the quality of your representation and the extent of the exclusion is significant enough to warrant professional representation. by a trained attorney.
Am going to court now
If child support wasn't addressed in the divorce decree, your wife must file a modification. Modification of child support can only go back to the date of service of the complaint for modification.See question
My grandkids are in DCF custody. The parents request I have guardianship. They are in MA. I am in SC. I had kinship of my grandson. Mother just recently took him to MA had a baby and DCF took custody of both kids. They are babies and need to be wi...
Guardianship may take some time through the juvenile court. In the interim you should file for placement of the children with you through in expedited interstate home study. Contact the DCF office and let them know you wish to be considered a placement. It would be helpful if the parents of the children supported the placement - talk to their lawyer.See question
My husband was granted temporary custody of our mutual child after I was forced to leave our home that we shared with my mother-in-law mother. I am currently staying in a domestic violence shelter due to physical and emotional violence from him I ...
You should file an objection right away if you haven't done so already. As an indigent parents you have a right to an attorney and you should file a request for counsel immediately. When you speak with counsel, consider filing a motion to remove temporary guardian.See question