Family Law Attorney
Custody • Parenting Time • Child Support • Removal Cases
The law office provides aggressive and professional representation on all cases dealing with the issues of Custody and Parenting Time, Child Support, Modifications (on child issues including support & parenting time), Removal Cases (where one parent seeks to relocate children from the Commonwealth to another state and/or country).
If either party has not complied with the terms of an Order issued by the Court, the other party may file what is known as a Complaint for Contempt. If the party who has not followed the court order is found in contempt by the court, the court may sanction the party, may award attorney fees to the other party, and in some cases, may even jail the party who has decided to ignore the orders of the court. The office handles both sides of contempt hearings – either filing of the contempt for a party or appearing in court to defend a party against a complaint for Contempt.
If a father is not named on a birth certificate, but he believes he is the father of a child, that person can file a Complaint for Paternity with the probate and family court to assert his rights. If mother acknowledges that he (the “Plaintiff” is the biological father the court will adjudicate (“declare”) him to be the father. If mother does not acknowledge that he is the father, the court will order that the “father” and the child have DNA tests to determine parentage. If the tests results indicate that the Plaintiff is the father of the child, the court will adjudicate (“declare”) him to be the father.
Once the determination is made of the identity of the biological father, father has the right to seek parenting time with the child. The court will also at the same time address the issue of child support and order a weekly amount to be paid by father based upon both parties gross income. The court, may in its discretion, order child support payments retroactive back to the date of the child’s birth.
If a father is named on a child’s birth certificate, that person is considered the legal parent of the child. Although being named on a birth certificate gives a father certain rights, sometimes court intervention is required to make sure father‘s rights are protected. Often parents are no longer together and parenting time with a child can become an issue if the parents can no longer communicate.
ALL FATHERS HAVE RIGHTS under the law.
Always remember that the court will issues orders relative to a child based upon what the court believes to be in the best interest of the child.
The law office handles all forms of adoption, including spousal adoptions. In a spousal adoption, the spouse and the biological parent both “adopt” the child. This adoption by the biological parent is done in order to provide each “parent” with the same rights under the law without either party being able to claim they were the parent longer.
At adoption hearings, our judges are more than happy to pose for pictures with the newly formed happy family (and if the child is school age, it becomes a great excuse for a day away from school and usually the child’s favorite part).