Archived
When having a spouse buy you out of a house, is an appraisal necessary or is it sufficient to get a real estate agent's opinion?
Philip's answer
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Answered on September 20, 2014
I agree with Attorney Ostendorf - any agreement you are comfortable with will be accepted by the court, However, an apppraisal is a more objective...
Archived
In Massachusetts what age is a child able to decide whether or not they have to go to a visitation to the other parent?
Philip's answer
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Answered on September 19, 2014
Children can decide where they want to live and who they want to spend their time with at the age of 18 – when they become adults. Prior to 18 the...
Archived
Can courts easily tell when a defendant is claiming "child abuse" as a last ditch effort to win?
Philip's answer
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Answered on September 19, 2014
If you mean you are going to trial in ten days it is a little late in the game to allege child abuse, but the court does take these allegations...
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Archived
Visitation question
Philip's answer
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Answered on September 14, 2014
Unless a complaint for divorce or for separate support has been filed you have no recourse through the court. If you have reasonable suspicion of...
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Some clarification of joint legal custody/decisions
Philip's answer
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Answered on September 13, 2014
MGL 208 § 31 reads in part:
“Shared legal custody”, continued mutual responsibility and involvement by both parents in major decisions regarding...
Archived
My husband tried to commit suicide he is getting help an im ok but they think my son is in danger the cant take my son ?
Philip's answer
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Answered on September 08, 2014
It sounds as if your husband’s attempted suicide has triggered a report to DCF alleging the possible neglect or abuse of the child. In response to...
Archived
I'm moving out of mass and my son's father isn't fighting me to staybut do I have to provide transportation?can he lower support
Philip's answer
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Answered on September 06, 2014
Your narrative and comments suggest that you are currently involved in a court action where the issues are custody/removal and child support. The...
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Archived
Do I need a lawyer to move from Ma. To RI with my 6 year old?
Philip's answer
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Answered on September 05, 2014
Moving out of state without consent of the other parent or the Court is in violation of mgl 208 § 30 and can create big problems if you don’t have...
Archived
IS IT LEGAL FOR A MOTHER TO TAKE A CHILD FROM THE FATHER AND SEND HER TO FLORIDA WHEN THE FATHER IS IN MASS....
Philip's answer
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Answered on September 04, 2014
If the divorce occurred in Massachusetts and the court has jurisdiction over the child (see mgl 208 § 30) removing the child from the state...
Archived
Seperation vs divorce
Philip's answer
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Answered on September 03, 2014
The division of assets can only be addressed through a divorce action. However, if a divorce is not in your immediate future an ante-nuptial...
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