Skip to main content
David Scott Carron

David Carron’s Answers

722 total


  • Been divorced for 2 years now my ex husband and i have a 5 year old child who permanent lives with me.

    I wanted to move out of Randolph Massachusetts to Chicago with my new son When i had mentioned this to my ex he had said he doesn't care what i do with my life because i am nothing to him.. We both have custody because we didn't file any custod...

    David’s Answer

    Under the divorce, who has legal and physical custody should be in the order. You should notify him of the move in writing/email. If your Agreement is silent as to moving, then just go. If not, then you need to follow the agreement.

    I would strongly suggest making an agreement as to what is going to happen and filing that with the Court, just to keep everything above board. Especially since you want and need sole custody of the child at this point. (since he is out of the country)

    See question 
  • What would happen with my friend?

    My friend and I are looking to move in to an apartment with our boyfriends after we graduate in a week. Unfortunately her mother is not the greatest of people and she won't turn eighteen until September. 1. If she moved in with all of us and he...

    David’s Answer

    1. Fuss, yes. Legally, not as much as you might think. She can have the police do wellness checks and try to talk her into returning home. She might try to have any lease she signed voided but that would be tough.
    Theoretically, inducements and solicitations await from her "chaste life" (from the statute text) could be criminalized but that sounds far from the situation here.

    2. Not sure of the need of that document. What would that prove?

    3. As an over 8 year old issue, not sure how far that would go. But that is her choice to notify the police. That will obviously muddy the waters and complicate things. (I wouldn't recommend it.)

    See question 
  • Can i move out of state with my 5 year old without my ex permission

    My ex husband and i had been divorced since December 05 2014 my son lives with me and i am the full provider for him. My ex husband and i had agree for us to both have full custody so we didn't file any papers with the court system so we also ag...

    David’s Answer

    This is confusing. You can only be divorced by Court order. If you had an agreement and filed that with the Court, that is your order. If not, then you are still married.

    If your Court Order is silent (or non-existent) as to moving then you need to give 4 weeks notice to the other party of moving out of state. Theoretically, he could take you to Court and contest the issue.

    You should consult with an attorney regardless to clear up the confusion.

    See question 
  • Moving to nh

    I have an 11 year old child and unexpectly my mother, which whom we live with now, in mass, decided to give her notice and move out without letting me know. Having to be out by july 1st no where to go and no money saved i started apartment searchi...

    David’s Answer

    It doesn't sound like he is on board with your move and may bring you to Court to deny you the child. Driving half-way is the minimum to be done here. You can offer a break on the child support as a result of the move and favorable visitation. If you can make a deal happen, get it in writing and notarize it. You do have some exposure here, as the Court may order you to return to MA or give him the child.

    You will likely want an attorney to be involved, if you can't make a deal.

    See question 
  • Can my husband bring his lawyer into marital home to take photos & a list of belongings, prior to the trial or just an escort?

    My husband and I have a trial coming up very soon. There was an order in place saying that he could not enter the marital home. At the last hearing, the judge approved an order for my husband to enter the marital home in order to make a list of hi...

    David’s Answer

    That would be unusual but I could see it if the value and the situation called for it. Clearly where constable's are involved this is a high-conflict situation.

    The best I can suggest is that tell them that they would have to either permit both attorneys to be there or none. If he wishes to record, then fine, you can record him to make sure that he isn't staging things. Or he can just make a list and the constable will confirm that everything is civil. But that seem too optimistic.

    If you don't have an attorney, clearly you need one.

    See question 
  • Can I sew her for all that money I'm paying in child support?

    I have a document that my son's mother and I signed that states neither of us will go to court and apply for child support, but she did anyways. And the family court doesn't care about that document and I'm paying child support now.

    David’s Answer

    Unless there are some very specific facts, I would expect that your contract to not apply for child support is enforceable. That contract has to have some consideration or something that she received in exchange for waving that right. Additionally, I would expect that the child would have a separate right to proceed in Court independently of the mother. You should seek an attorney for specific advice.

    See question 
  • How can I effectively enforce the court order?

    I'm going through a divorce, which involves a custody issue regarding two young children (ages 3 and 5). We have a temporary custody arrangement that involves me supposedly being able to communicate with my kids while my spouse has them. However m...

    David’s Answer

    Contempt will only work if you have a specific court order that he is violating. An "understanding" isn't going to do it. You need to file for a modification.

    See question 
  • If I let him sign away his rights that means she doesn't have to pay child support right ?

    My sons fathers son and I have tried almost everything to get along for our son. I took him to counseling we have been going for over 2 months with no progress on his half. My councilor said she would tell the courts I was trying to working on thi...

    David’s Answer

    That not necessarily true. A TPR doesn't have to mean that support is cut off.

    See question 
  • What can I do to get off this crazy ride?

    My husband wants a separation. Our youngest is the only minor child; she is 12, almost 13. My husband's lawyer is calling all the shots, and no one seems interested in hearing what our daughter has to say on the issue of visitation. She doesn't...

    David’s Answer

    You need to have the therapist for the children write down the issues and concerns so you can bring that ammunition into court. Otherwise, the statements of the children will likely only be accepted by a GAL.

    You should seriously consider retaining an attorney for this.

    See question 
  • Do other siblings matter at all in the courts both share same mother just different father

    is it true that my daughters siblings are not "valid" to her as her father is? I was told that a judge don't look at the fact that she has other siblings in the home. My daughter father wants more time with her and I said I think the schedule righ...

    David’s Answer

    There an interest and expectation for sibling visits. However, the "weight" of said interest is up to the judges discretion. I would suggest having a therapist talk to the child to better articulate for the Court how strong that connection is and what is at stake.

    A lawyer may better help you specifically present that issue.

    See question