Archived
Do I have sole legal custody of a child if I was not married to her father, but his name is on her birth certificate?
Estela's answer
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Answered on October 31, 2013
Yes. You have all natural rights (physical and legal) to the child, if you are unmarried when the child is born. Beyond his name on the birth...
Archived
Was served of restraining order, was not notified of hearing. County clerk agreed with me that there was a 'clerical error.'
Estela's answer
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Answered on October 31, 2013
An aggrieved party may appear "ex parte" (without notice to the opposing party) for a restraining order (RO) in a District court. The court can...
Archived
Do I have a legal right to live in the marital home finished basement room during a divorce in Massachusetts?
Estela's answer
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Answered on October 31, 2013
It is not entirely unheard of that a couple continue to inhabit the marital home while in the midst of a divorce proceeding. If your wife and her...
Archived
Can MA give me custody after fleeing another state with my child?
Estela's answer
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Answered on October 31, 2013
This situation could raise jurisdictional objection. Standard procedural rule proscribe two action in two jurisdictions for the same relief...
Archived
Can i bring restraining order against my wife just after first hearing on temporary orders for divorce.?
Estela's answer
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Answered on October 31, 2013
You can make an application for Abuse Prevention at any point that it becomes necessary to address violence or threat of violence. Be careful...
Archived
How does the court in a divorce case deal with a case in which a father is going into chapter 11 and cannot pay child support?
Estela's answer
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Answered on October 30, 2013
First and foremost you should be aware that child support arrears will not be modified. So assuming arguendo, that you will file chapter 11 and be...
Archived
Can you appeal a probate divorce case in which the judge did not address an issue raised in the proposal of judgment ?
Estela's answer
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Answered on October 30, 2013
The parties do not draft the judgment for the court. You may be referring to a "settlement agreement" which the parties negotiate and which is...
Archived
I found out that my wife cheated on me and got pregnant by somebody else we were in the process of getting a joint divorce
Estela's answer
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Answered on October 30, 2013
Fault based divorce is a thing of the past. You will gain nothing and waste a lot of time and money by trying to "punish" your spouse in a...
Can i sue my ex for a false Restraining order.
Estela's answer
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Answered on October 30, 2013
Your best course of action is to appear for the next hearing, at the time of the renewal of the RO (when the RO ends unless renewed--usually 6...
Archived
Personal property, can I give away a lawnmower and snowblower to my parents as a gift for all they have done to help us.
Estela's answer
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Answered on October 30, 2013
My first question is: have you finalized the settlement agreement for your divorce? You say you "had to sell" the marital home. Was this as part...
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