Judgment Lien Forms With Child In Massachusetts
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FAQ
A lien which results from a judgment shall terminate not later than twenty years from the date it was created.
If your child refuses to spend time with the other parent due to a reason concerning their safety and any family violence concerns, you should seek legal advice immediately.
A: A child can refuse to see a parent when they become an adult. In Massachusetts, children can express their desires regarding how much time they spend with each parent. However, there is no age at which this will control the outcome.
While the law considers anyone under age 18 a minor and therefore unable to make legal decisions on their own behalf, for parents, it can be difficult to “force” parenting time when a child is refusing to go. The level of this difficulty can look different depending on the age of the child.
Currently there is no set age for when a child is considered “old enough” to have a say in custody disputes, but the appeals court agreed that a fourteen (14) year old child's wishes should be considered. See Adoption of Authur 34 Mass. App.
If a child expresses a desire not to see their father, it is generally recommended to address the situation through the legal system. Parents may need to go back to court to seek modifications to the existing custody arrangement, presenting evidence and arguments to support any changes.
If the parents aren't married — The mother has sole legal and physical custody of her child until a court orders otherwise.
The court system in Massachusetts must be petitioned if you are to gain sole custody. In addition to the reasons you feel your partner is unfit or a danger to the child, you must be prepared to present to the court why you should be the sole custodian of the child.
To get sole custody in Massachusetts, you can file with the court if you are either going through a divorce or if the child is born out of wedlock. The court system in Massachusetts must be petitioned if you are to gain sole custody.
Who has child custody before going to court? If the parents aren't married — The mother has sole legal and physical custody of her child until a court orders otherwise.
