I work with many families who have the Department of Children and Families (DCF) involved in their lives. DCF becomes involved when there is an allegation of child neglect or abuse. My cases have ranged from a parent being accused of failing to properly secure a baby in the car to a parent sexually abusing a child. These cases all have one thing in common: a parent is allegedly failing to properly care for a child. In some cases it's a misunderstanding, while in other cases it's a crime. The state usually doesn't get involved if a parent is properly caring for and protecting a child.
Recently a study was published that may want to change that. The study suggested that overweight/obese parents should have their children taken away from them because an overweight parent may raise an overweight child.
Being an overweight person should never, by itself, be a reason for DCF to take away a child. Perhaps there may be an argument that a parent can be so obese as to be unable to move in order to properly care for a child, such as getting up to change the child's diaper, or acting quickly enough to prevent a child from seriously harming himself. However, even in these examples, DCF should still not have the authority to take a child away from the parent because all of these issues can be addressed by other methods.
The state should not have the authority to take a child away from a parent only because the parent is obese.
Wednesday, July 27, 2011
Wednesday, June 29, 2011
Winning is more important that proving yourself right
I recently had a client who wanted the court to know his side of the story and he wanted his day in court. Both parties had a history before the court, and the judge had little patience for either of them.
We went in on contempt complaints. Both parties claimed the other had failed to live up to their paternity settlement. My client knew he would win his contempt, but we were uncertain he would win on the other party's contempt. The other side did not want to take the risk and was willing to settle and reimburse my client's legal fees.
My client knew there was a chance the opposing side would win its contempt but he refused to settle. He wanted the court to know he was right. We went to trial and the court said that both parties were in contempt.
The client's insistence on proving himself right caused him to lose half of the case. Instead of getting what he wanted and being reimbursed for legal fees in a settlement, he got no reimbursement.
Family cases are often very emotionally charged, but you will do yourself a favor if you focus on winning instead of focussing on being right.
We went in on contempt complaints. Both parties claimed the other had failed to live up to their paternity settlement. My client knew he would win his contempt, but we were uncertain he would win on the other party's contempt. The other side did not want to take the risk and was willing to settle and reimburse my client's legal fees.
My client knew there was a chance the opposing side would win its contempt but he refused to settle. He wanted the court to know he was right. We went to trial and the court said that both parties were in contempt.
The client's insistence on proving himself right caused him to lose half of the case. Instead of getting what he wanted and being reimbursed for legal fees in a settlement, he got no reimbursement.
Family cases are often very emotionally charged, but you will do yourself a favor if you focus on winning instead of focussing on being right.
Thursday, May 19, 2011
Tips for testifying in paternity matter
The decision to go to trial is never an easy one. It takes a long time to prepare for trial, and to file all of the paperwork, pleadings, trial memorandums, proposed conclusions of law and issues of fact. Clients need to be aware of all costs associated with going to trial, and all avenues available to you in addition to trial.
If you decide to go to trial, you should meet with your attorney in order to prepare you for what to expect at the trial. The attorney should go over the questions she plans on asking you during the trial, what questions you should expect from the opposing counsel during cross examination, and inform you on how she expects the trial to go. You should feel free to ask as many questions of your attorney as you want.
During the trial, you need to remember that the judge wants to hear your story, but most importantly, the judge will focus on how your story affects your child. When testifying, keep in mind that you have to convince the judge that your position is the best position for your child and is in the best interest of your child.
If you truly do not believe that your position is in the best interest of your child, you should change your position because a judge will be able to tell that you don't believe your own story.
It's important to be 100% truthful in the court because not only will the judge know if you're lying, but the opposing counsel will know you are lying too and will make you look foolish during cross examination.
If you decide to go to trial, you should meet with your attorney in order to prepare you for what to expect at the trial. The attorney should go over the questions she plans on asking you during the trial, what questions you should expect from the opposing counsel during cross examination, and inform you on how she expects the trial to go. You should feel free to ask as many questions of your attorney as you want.
During the trial, you need to remember that the judge wants to hear your story, but most importantly, the judge will focus on how your story affects your child. When testifying, keep in mind that you have to convince the judge that your position is the best position for your child and is in the best interest of your child.
If you truly do not believe that your position is in the best interest of your child, you should change your position because a judge will be able to tell that you don't believe your own story.
It's important to be 100% truthful in the court because not only will the judge know if you're lying, but the opposing counsel will know you are lying too and will make you look foolish during cross examination.
Thursday, April 28, 2011
Marital Assets
In Massachusetts, everything you own and everything your spouse owns will be considered a marital asset that can be divided during a divorce, regardless of how long you have been married. Typically if your marriage is a short term marriage, there fewer things will be divided because the Court will want to be fair. If it’s a longer marriage, say 4 or more years or you and your spouse have children together, then more things will be divided.
This includes bank accounts, retirement accounts, real estate purchased before the marriage or after the marriage that only has one person’s name on the deed or mortgage. Everything will be put in a “pot” for the Court to divide it based on what the Court thinks is fair.
If you are about to get married, you may want to consider a pre-marital agreement (pre-nup) in order to assure that what was yours prior to the marriage continues to be yours if the marriage should ever dissolve.
If you are about to thinking of divorcing, consider speaking to an attorney prior to filing for the divorce to discuss what may happen during the divorce and how a judge may treat your case.
For whatever your situation, the attorneys at S. De Oliveira Law, LLC will be able to talk to you about your specific situation. Contact us to schedule your free consultation.
This includes bank accounts, retirement accounts, real estate purchased before the marriage or after the marriage that only has one person’s name on the deed or mortgage. Everything will be put in a “pot” for the Court to divide it based on what the Court thinks is fair.
If you are about to get married, you may want to consider a pre-marital agreement (pre-nup) in order to assure that what was yours prior to the marriage continues to be yours if the marriage should ever dissolve.
If you are about to thinking of divorcing, consider speaking to an attorney prior to filing for the divorce to discuss what may happen during the divorce and how a judge may treat your case.
For whatever your situation, the attorneys at S. De Oliveira Law, LLC will be able to talk to you about your specific situation. Contact us to schedule your free consultation.
Thursday, March 10, 2011
Defending Yourself and Your Family Against The Department of Children and Families
The Department of Children and Families (DCF) has the right to take your child away from you if it suspects that your child is being abused or neglected. The reasons may DCF suspect abuse or neglect can be as simple as your child going to the emergency room with an unexplained injury. Sometimes the parents have no idea how the child was injured, but DCF has the right to take custody of your child.
Other times, a parent or caretaker of the child is actually abusing the child. Sometimes the other parent may not even know that a caretaker is abusing the child.
If DCF is involved in your family because it suspects abuse or neglect, you must quickly find an attorney with the knowledge and expertise to handle your case as quickly as possible. When DCF takes your child, there will be an emergency hearing usually within 3 days where you will have to present your case to a judge to defend yourself and your family.
Our law firm has the knowledge and expertise you need. Attorney Sarah De Oliveira is a trial attorney with experience in representing clients in DCF trials and hearings. She is also an excellent negotiator and has a solid reputation as a zealous attorney. Attorney Paul S. Kitchin is our in-house appeals attorney. At S. De Oliveira Law, your case will be handled with care, knowledge, and expertise at all levels of litigation.
Call us as soon as DCF opens a file on your family. We will be able to help you during that difficult time.
Other times, a parent or caretaker of the child is actually abusing the child. Sometimes the other parent may not even know that a caretaker is abusing the child.
If DCF is involved in your family because it suspects abuse or neglect, you must quickly find an attorney with the knowledge and expertise to handle your case as quickly as possible. When DCF takes your child, there will be an emergency hearing usually within 3 days where you will have to present your case to a judge to defend yourself and your family.
Our law firm has the knowledge and expertise you need. Attorney Sarah De Oliveira is a trial attorney with experience in representing clients in DCF trials and hearings. She is also an excellent negotiator and has a solid reputation as a zealous attorney. Attorney Paul S. Kitchin is our in-house appeals attorney. At S. De Oliveira Law, your case will be handled with care, knowledge, and expertise at all levels of litigation.
Call us as soon as DCF opens a file on your family. We will be able to help you during that difficult time.
Friday, January 14, 2011
Child Support For Non Married Parents
Massachusetts requires that all parents pay child support to their children regardless of marriage status. This means that if you conceived a child in Massachusetts, you are required to pay child support.
The custodial parent of the child has the right to sue for child support regardless of the child's age. A custodial parent can come after the non custodial parent at any time for back child support. The custodial parent can sue the non custodial parent no matter how old the child is. If the child is 18, and the non custodial parent has never paid child support, the custodial parent can sue for 18 years of past child support. The court has the authority to order the non custodial parent to pay 18 years worth of child support.
If you have fathered a child in Massachusetts, you should protect yourself from a law suit years later by having a support agreement. At S. De Oliveira Law, we can help you customize a support agreement so that you are not forced to litigate an expensive law suit years later.
If you are the mother of a child in Massachusetts, you have the right to child support to help you raise your child. You may also have the right to back child support if the father has not supported the child in the past. At S. De Oliveira Law, we can help you and your child get the help and the support you are entitled to.
Contact us today for your free consultation.
The custodial parent of the child has the right to sue for child support regardless of the child's age. A custodial parent can come after the non custodial parent at any time for back child support. The custodial parent can sue the non custodial parent no matter how old the child is. If the child is 18, and the non custodial parent has never paid child support, the custodial parent can sue for 18 years of past child support. The court has the authority to order the non custodial parent to pay 18 years worth of child support.
If you have fathered a child in Massachusetts, you should protect yourself from a law suit years later by having a support agreement. At S. De Oliveira Law, we can help you customize a support agreement so that you are not forced to litigate an expensive law suit years later.
If you are the mother of a child in Massachusetts, you have the right to child support to help you raise your child. You may also have the right to back child support if the father has not supported the child in the past. At S. De Oliveira Law, we can help you and your child get the help and the support you are entitled to.
Contact us today for your free consultation.
Thursday, October 14, 2010
Appeals
Attorney Kitchin is an appeals attorney who has experience practicing the the Massachusetts Appeals Court. Client have come to the office requesting appellate advice and unfortunately there have been some occasions where we have been unable to help the client. That is typically because the trial attorney did not advise the client of the right to appeals and the extremely strict procedures and deadlines for an appeal.
If the courts have issued a decision that is unfavorable to you, it is extremely important that you speak with an appellate attorney as soon as you get the decision. Contact us today to reserve your right to an appeal.
If the courts have issued a decision that is unfavorable to you, it is extremely important that you speak with an appellate attorney as soon as you get the decision. Contact us today to reserve your right to an appeal.
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