I had a trial and my Attorney didn't prepare as there are many things that were not brought forward and the GAL report should have been updated as it was 9 months old and a lot of things related to kids school and records reflected changes because of the circumstances when the original report was done.
What qualifies as a reason for a new trial?
In Massachusetts a Motion for a New Trial must be served no later than ten (10) days after entry of judgment. If you are beyond the 10 day period, you maybe be able to request relief from judgment pursuant to Domestic Relations Rule of Procedure Rule 60(b) if any of the following is true: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b) ; (3) fraud, misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation.
You also may be able to file a complaint for modification if there has been a material change in circumstances. A material change in circumstance must be significant enough to impact a child's life and/or financial situation to a detrimental degree that would be cause unjust inequity if a modification is not made. If you go this route, you should consider requesting an updated GAL report and updated financial statements, particularly if this is the evidence you will need to rely on to show a material change in circumstances.
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