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Family Law Advocacy for Low and Moderate Income Litigants

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  • Product Number: 1990285EBK
  • Publication Date: 3/21/2018
  • Edition: 3rd Edition 2018
  • Copyright: © 2018 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Starting with an overview of the Probate and Family Court system, Family Law Advocacy for Low and Moderate Income Litigants is a comprehensive handbook that covers issues including alimony, child custody, child support, divorce, domestic violence, and paternity. This user-friendly manual is written in easy-to-understand terms; pro se litigants and persons who work with low and moderate income individuals facing family disputes will benefit from having this book at their fingertips. Family Law Advocacy for Low and Moderate Income Litigants includes many useful features, such as a glossary, sample forms, and an extensive resource section.

    Recent updates:

    • Update: March 2018

      Dear Subscriber:

      Thank you for choosing to keep current on family law practice and procedure with this 2018 Edition of Family Law Advocacy for Low and Moderate Income Litigants.

      • Chapter 3 contains updated guidance on seeking assistance relative to domestic violence. It includes practice tips on emergency after-hours assistance, taking photographs when the police do not, playing audio recordings of the abusers remarks for the judge, ten-day hearings, mutual restraining orders, and more.
      • Chapter 4 outlines practical information concerning separate support, including relief in the form of having the spouse vacate the home.
      • Chapter 5 provides an overview of a divorce action, covering topics ranging from jurisdiction to hearing dates.
      • Chapter 6 answers questions such as "How long will alimony be paid?," and briefs the reader on how to find out what assets the spouse has that can impact the amount of alimony. It also explains pension recourse, such as qualified domestic relations orders.
      • Chapter 7 guides the reader on the ways in which paternity may be adjudicated.

      These are just a few of the chapters that have undergone extensive updates in this latest revised edition.

      We trust that you will find this material useful in your family law practice or in your pro se endeavors, and valuable in keeping your law library current.

      Cordially,

      Maryanne G. Jensen, Esq., Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    Using This Manual

    Buy Chapter
    Jacquelynne J. Bowman, Esq., Greater Boston Legal Services

    Exhibit 1A

    - Overview of Massachusetts State Court System Buy Form
    Chapter 2 expand

    Overview Of The Probate And Family Court

    Buy Chapter

    Exhibit 2A

    - Affidavit of Indigency and Request for Waiver, Substitution, or State Payment of Fees and Costs Buy Form

    Exhibit 2B

    - Supplement to Affidavit of Indigency Buy Form

    Exhibit 2C

    - Request for Counsel Buy Form

    Exhibit 2D

    - Answer to Complaint for Divorce Buy Form

    Exhibit 2E

    - Counterclaim for Divorce Action Buy Form

    Exhibit 2F

    - Request for Financial Statement Buy Form

    Exhibit 2G

    - Plaintiff’s Motion for Temporary Orders Buy Form

    Exhibit 2H

    - Proposed Temporary Orders Buy Form

    Exhibit 2I

    - Affidavit in Support of Motion for Temporary Orders Buy Form

    Exhibit 2J

    - Pretrial Notice and Order Buy Form

    Exhibit 2K

    - Plaintiff’s Pretrial Memorandum Buy Form

    Exhibit 2L

    - Interrogatories Propounded by the Defendant to Be Answered by the Plaintiff Buy Form

    Exhibit 2M

    - Request for Production of Documents Buy Form

    Exhibit 2N

    - Subpoena to Obtain Documents for Court Buy Form

    Exhibit 2O

    - Motion to Strike Portions of the Guardian ad Litem’s Report Buy Form
    Chapter 3 expand

    Safety And Protection Issues

    Buy Chapter
    Susan R. Elsen, Esq., Massachusetts Law Reform Institute
    Mithra D. Merryman, Esq., Greater Boston Legal Services

    Exhibit 3A

    - Complaint for Protection from Abuse (G.L. c. 209A) Buy Form

    Exhibit 3B

    - Abuse Prevention Order (G.L. c. 209A) Buy Form

    Exhibit 3C

    - Sample Motion to Impound Address Buy Form

    Exhibit 3D

    - Personalized Safety Plan Buy Form
    Chapter 4 expand

    Separate Support

    Buy Chapter
    Kimberly A. Yox, Esq., Justice Center of Southeast Massachusetts

    Exhibit 4A

    - Complaint for Separate Support Buy Form

    Exhibit 4B

    - Motion for Separate Support Buy Form

    Exhibit 4C

    - Financial Statement (Short Form) Buy Form

    Exhibit 4D

    - Domestic Relation Summons Buy Form

    Exhibit 4E

    - Domestic Relations Protective Order Buy Form

    Exhibit 4F

    - Order to Vacate Marital Home Buy Form
    Chapter 5 expand

    Divorce

    Buy Chapter
    Ruthanne Withers, Esq., Coogan Smith LLP

    Checklist 5.1

    - Divorce Checklist Buy Form

    Exhibit 5A

    - Joint Petition for Divorce Buy Form

    Exhibit 5B

    - Affidavit in Support of Complaint for Divorce: Irretrievable Breakdown of the Marriage, G.L. c. 208, § 1A Buy Form

    Exhibit 5C

    - Answer to Complaint for Divorce Buy Form

    Exhibit 5D

    - Counterclaim for Divorce Action Buy Form

    Exhibit 5E

    - Separation Agreement Buy Form

    Exhibit 5F

    - Report of Absolute Divorce or Annulment Buy Form

    Exhibit 5G

    - Military Affidavit Buy Form

    Exhibit 5H

    - Affidavit Disclosing Care or Custody Proceeding Buy Form

    Exhibit 5I

    - Parent Education Programs Buy Form

    Exhibit 5J

    - Plaintiff’s Pretrial Memorandum Buy Form

    Exhibit 5K

    - Motion for State Payment of Fees and Costs Buy Form

    Exhibit 5L

    - Financial Statement (Short Form) Buy Form

    Exhibit 5M

    - Financial Statement (Long Form) Buy Form

    Exhibit 5N

    - Qualified Domestic Relations Order Buy Form

    Exhibit 5O

    - Blank Motion Form Buy Form

    Exhibit 5P

    - Court Order for Costs and Fees (G.L. c. 261, § 27A et seq.) Buy Form
    Chapter 6 expand

    Alimony, Pensions, And Other Relief

    Buy Chapter
    Chapter 7 expand

    Paternity Issues

    Buy Chapter
    Pauline Quirion, Esq., Greater Boston Legal Services

    Checklist 7.1

    - Checklist for a Party Filing a Complaint Buy Form

    Checklist 7.2

    - Paternity Checklist for a Party Served with a Complaint Buy Form

    Exhibit 7A

    - Complaint to Rescind Paternity Acknowledgment Buy Form

    Exhibit 7B

    - Complaint to Establish Paternity Buy Form

    Exhibit 7C

    - Complaint for Custody, Support, and Parenting Time Buy Form

    Exhibit 7D

    - Public Assistance Affidavit Buy Form

    Exhibit 7E

    - Answer Admitting Paternity Buy Form

    Exhibit 7F

    - Answer Denying Paternity Buy Form

    Exhibit 7G

    - Motion for Custody and Child Support Buy Form

    Exhibit 7H

    - Motion for Parenting Time Buy Form

    Exhibit 7I

    - Motion for Genetic Marker Testing Buy Form

    Exhibit 7J

    - Proposed Temporary Order Buy Form

    Exhibit 7K

    - Motion to Rescind the Paternity Acknowledgement and Request Genetic Marker Testing Buy Form

    Exhibit 7L

    - Affidavits in Support of Motion for Genetic Marker Testing Buy Form

    Exhibit 7M

    - Request for a Case Management Conference Buy Form

    Exhibit 7N

    - Settlement Conference Memorandum Buy Form

    Exhibit 7O

    - Joint Agreement to Participate in the Early Case Settlement Process Buy Form

    Exhibit 7P

    - Voluntary Request for Settlement Conference Buy Form

    Exhibit 7Q

    - Stipulation for Voluntary Acknowledgement of Parentage Buy Form

    Exhibit 7R

    - Affidavit of Nonpaternity Buy Form

    Exhibit 7S

    - Motion for Release of Birth Certificate Buy Form
    Chapter 8 expand

    Exhibit 8A

    - Complaint for Child Support Buy Form

    Exhibit 8B

    - Sample Child Support Guidelines Worksheet Buy Form

    Exhibit 8C

    - Findings and Determinations for Child Support and Postsecondary Education Buy Form

    Exhibit 8D

    - Complaint for Contempt Buy Form

    Exhibit 8E

    - Complaint for Modification Buy Form

    Exhibit 8F

    - Motion to Reduce Child Support Buy Form

    Exhibit 8G

    - Proposed Temporary Order Buy Form
    Chapter 9 expand

    Child Custody

    Buy Chapter
    Stephanie E. Goldenhersh, Esq., Harvard Legal Aid Bureau
    Jamie A. Sabino, Esq., Massachusetts Law Reform Institute

    Checklist 9.1

    - Child Custody Buy Form

    Exhibit 9A

    - Complaint for Contempt Buy Form

    Exhibit 9B

    - Petition for Writ of Habeas Corpus Buy Form

    Exhibit 9C

    - Emergency Ex-Parte Motion to Produce Minor Child Buy Form

    Exhibit 9D

    - Supplemental Order—Parenting Time Issues Buy Form
    Chapter 10 expand

    Guardian Ad Litem

    Buy Chapter
    Courtney Marie Hostetler, Esq., South Coastal Counties Legal Service/Fall River Office
    Jamie A. Sabino, Esq., Massachusetts Law Reform Institute

    Exhibit 10A

    - Standards for “Category F” Guardian ad Litem / Investigators Buy Form

    Exhibit 10B

    - Standards for “Category E” Guardian ad Litem / Evaluators Buy Form

    Exhibit 10C

    - Motion to Appoint Guardian ad Litem Under G.L. c. 215, § 56A Buy Form
    Chapter 11 expand
    Chapter 12 expand

    Leaving Massachusetts

    Buy Chapter
    Patricia A. Levesh, Esq., Greater Boston Legal Services

    Checklist 12.1

    - Issues to Consider When Thinking About Leaving Massachusetts with Minor Children Buy Form

    Exhibit 12A

    - Sample Consent to Remove the Minor Children to Another State Buy Form

    Exhibit 12B

    - Sample Complaint for Authorization to Remove Minor Child from the Commonwealth Under G.L. c. 208, § 30 Buy Form

    Exhibit 12C

    - Sample Affidavit in Support of Plaintiff’s Removal Request Buy Form
    Chapter 13 expand

    Checklist 13.1

    - For a Party Filing for Guardianship Buy Form

    Checklist 13.2

    - For a Parent Responding to a Petition for Guardianship of a Minor Buy Form

    Checklist 13.3

    - For a Parent Filing a Petition for Removal of Guardian of a Minor Buy Form

    Checklist 13.4

    - For a Guardian Responding to a Petition for Removal of a Guardianship of a Minor Buy Form

    Exhibit 13A

    - Petition for Appointment of Guardian of Minor (Form MPC 140) Buy Form

    Exhibit 13B

    - Affidavit Disclosing Care or Custody Proceeding (Form OCAJ-1 TRC IV) Buy Form

    Exhibit 13C

    - Bond (Form MPC 801) Buy Form

    Exhibit 13D

    - Notarized Waiver and Consent to Petition for Guardianship of Minor (Form MPC 440) Buy Form

    Exhibit 13E

    - Military Affidavit Buy Form

    Exhibit 13F

    - Affidavit of Indigency Buy Form

    Exhibit 13G

    - Notarized and Verified Consent or Nomination by Minor (Form MPC 441) Buy Form

    Exhibit 13H

    - Request for Counsel (Form MPC 301) Buy Form

    Exhibit 13I

    - Verified Motion for Appointment of Temporary Guardian for a Minor (Form MPC 340) Buy Form

    Exhibit 13J

    - Order Appointing Temporary Guardian of a Minor (Form MPC 742) Buy Form

    Exhibit 13K

    - Notice of Right to Counsel (Form MPC 592) Buy Form

    Exhibit 13L

    - Application for Appointment of Counsel (Form MPC 263) Buy Form

    Exhibit 13M

    - Notice of Appearance and Objection (Form MPC 505a) Buy Form

    Exhibit 13N

    - Massachusetts Probation Service Consent Form Buy Form

    Exhibit 13O

    - Decree and Order of Appointment of Guardian of a Minor (Form MPC 740) Buy Form

    Exhibit 13P

    - Annual Report of Guardian of Minor (Form MPC 443) Buy Form

    Exhibit 13Q

    - Complaint for Modification (Form CJ-D104) Buy Form

    Exhibit 13R

    - Petition for Removal of Guardian of Minor Pursuant to G.L. c. 190B, § 5-212 (Form MPC 240) Buy Form

    Exhibit 13S

    - Decree and Order of Termination of Guardianship of Ward/Minor (Form MPC 743) Buy Form

    Exhibit 13T

    - Interested Parties Checklist for Guardianship of Minor Proceedings: Standing Order 4-09 Buy Form
    Chapter 14 expand

    Adoptions

    Buy Chapter
    Joyce Kauffman, Esq., Kauffman Law & Mediation

    Exhibit 14A

    - Surrender Form Buy Form

    Exhibit 14B

    - Motion to Waive Home Study and Affidavit (Opposite-Sex Couples) Buy Form

    Exhibit 14C

    - Motion to Waive Home Study and Affidavit (Same-Sex Couples) Buy Form

    Exhibit 14D

    - Petition to Dispense with Parental Consent Buy Form

    Exhibit 14E

    - Citation and Return of Service Buy Form

    Exhibit 14F

    - Motion to Waive Notice and Affidavit (Married Same-Sex Couples) Buy Form

    Exhibit 14G

    - Petition for Adoption Buy Form

    Exhibit 14H

    - Affidavit of Petitioner for Adoption Buy Form

    Exhibit 14I

    - Affidavit Disclosing Care or Custody Proceedings Buy Form

    Exhibit 14J

    - Request for Record Information (CARI Search) Buy Form

    Exhibit 14K

    - Central Register Search Buy Form

    Exhibit 14L

    - Motion to Waive Six-Month Residency Requirement (Same-Sex Couples) Buy Form

    Exhibit 14M

    - Motion to Waive Notice and Affidavit (Married Same-Sex Couples) Buy Form

    Exhibit 14N

    - Request for Administrative Allowance and Affidavit Buy Form
    Chapter 15 expand

    Change Of Name

    Buy Chapter
    Abbe L. Hershberg, Esq., Greater Boston Legal Services

    Exhibit 15A

    - Change of Name Petition Buy Form
    Chapter 16 expand

    Modifications

    Buy Chapter
    Patricia A. Levesh, Esq., Greater Boston Legal Services

    Checklist 16.1

    - Summary Judgment Buy Form

    Exhibit 16A

    - Complaint for Modification Buy Form

    Exhibit 16B

    - Joint Petition for Modification of Child Support Judgment Buy Form
    Chapter 17 expand

    Contempt

    Buy Chapter
    Henriette B. Perkins, Esq., Judicial Institute, Commonwealth of Massachusetts

    Checklist 17.1

    - For a Party Filing a Complaint Buy Form

    Checklist 17.2

    - For a Party Served with a Complaint Buy Form

    Exhibit 17A

    - Complaint for Contempt Buy Form

    Exhibit 17B

    - Contempt Summons Buy Form

    Exhibit 17C

    - Answer to Complaint for Contempt Buy Form
    Chapter 18 expand

    Appellate Issues

    Buy Chapter
    Patricia A. Levesh, Esq., Greater Boston Legal Services

    Exhibit 18A

    - Sample Notice of Appeal Buy Form
    Chapter 19 expand

    Exhibit 19A

    - Mediation Confidentiality Statute Buy Form

    Exhibit 19B

    - List of Local Dispute Resolution Coordinators—Current List Buy Form

    Exhibit 19C

    - Sample Agreement to Mediate Buy Form

    Exhibit 19D

    - Joint Problem Solving Buy Form
    Chapter 20 expand

    Resources For Family Law Advocates

    Buy Chapter
    Stephen A. Russo, Esq., Volunteer Lawyers Project of the Boston Bar Association (VLP)
    Appendix

    Appendix

    Buy Chapter
  • Editors & Authors

    Editor(s)

    Jacquelynne J. Bowman, Esq., Greater Boston Legal Services, Boston
    Patricia A. Levesh, Esq., Greater Boston Legal Services, Boston

    Author(s)

    Jacquelynne J. Bowman, Esq., Greater Boston Legal Services, Boston
    Susan R. Elsen, Esq., Massachusetts Law Reform Institute, Boston
    Stephanie E. Goldenhersh, Esq., Harvard Legal Aid Bureau, Cambridge
    Abbe L. Hershberg, Esq., Greater Boston Legal Services, Boston
    Courtney Marie Hostetler, Esq., South Coastal Counties Legal Service/Fall River Office, Fall River
    Joyce Kauffman, Esq., Kauffman Law & Mediation, Roslindale
    Patricia A. Levesh, Esq., Greater Boston Legal Services, Boston
    Mithra D. Merryman, Esq., Greater Boston Legal Services, Boston
    Henriette B. Perkins, Esq., Judicial Institute, Commonwealth of Massachusetts, Boston
    Pauline Quirion, Esq., Greater Boston Legal Services, Boston
    Stephen A. Russo, Esq., Volunteer Lawyers Project of the Boston Bar Association (VLP), Boston
    Jamie A. Sabino, Esq., Massachusetts Law Reform Institute, Boston
    Laura M. Unflat, Esq., The Law Office of Laura M. Unflat, Wellesley
    Ruthanne Withers, Esq., Coogan Smith LLP, Attleboro
    Kimberly A. Yox, Esq., Justice Center of Southeast Massachusetts, Brockton
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