Practice Areas

I handle or can refer you to other professionals for all matters involving family law and protection of the family unit. If you have questions regarding any aspect of Children's or Family Law, do not hesitate to call me at 781-641-3472 or 800-298-0182, or email me at kidlaw@comcast.net. My promise to you always is that I will respond by the next business day after the inquiry. If your matter is an emergency after hours or on a weekend or holiday call 1-800-298-0182 and follow the directions to "connect to" me by using the "follow me" service on my "Universal Office". Read the Initial Consultation Policy for information.

I also pledge to you that I will listen intently to understand the situation. With your help, we will work together to get a satisfactory resolution. Although no one can predict the outcome of a case, it is important to know that I will fight aggressively throughout the entire matter. And, of course, you will always be kept informed about the case.

Here are the practice areas I handle:

• ABUSE AND NEGLECT CASES
• FAMILY LAW
• TRAINING AND CONSULTATIONS FOR ORGANIZATIONS AND AGENCIES SERVING CHILDREN AND FAMILIES
• EDUCATION, SPECIAL EDUCATION, HOME SCHOOLING AND STUDENT DISCIPLINE

ABUSE AND NEGLECT CASES

• Representing parents: All parents accused of abuse or neglect of children have Constitutional and statutory rights. When you are accused of abuse or neglect you should know what your rights are and how to protect yourself and your family. This includes the handling of cases involving termination of parental rights.
• Representing minor children: We would all agree that the safety and appropriate development of children should be paramount in our society. Therefore, I take special pride in helping the young and defenseless when it comes to their protection and accessing services that will provide them with loving care and protection.
• Department of Social Service Investigations: When a report of abuse or neglect ("a 51A") is filed, DSS is required to investigate. These types of cases can become highly charged and emotional. It is not only my job to help you understand the process, but also to ensure that your rights are preserved and you are treated with respect by DSS. Alleviating some of the tension by intervening with DSS for you can also help to allow you to do what you have to do. Whether you have just learned that you are being investigated for abuse or neglect, have already been interviewed, are in the DSS assessment process, need to or have already filed for a Fair Hearing or are considering whether to sign a DSS service plan; I can help.

FAMILY LAW

• Adoption: Whether you are trying to adopt or are trying to protect your parental rights by preventing an adoption, I am here to help.
• Child Support: Children are entitled to have adequate financial support from their parents. The Massachusetts Child Support Guidelines though and enforcement efforts by the Massachusetts Department of Revenue can be daunting. If you are a child or caretaker in need of support or a non-custodial parent from whom support is sought, you should consider obtaining independent legal advice.
• Custody & Visitation Cases: There are two primary forms of custody in Massachusetts, "Legal" and "Physical" Custody. In many situations, physical custody is controlled by one parent, while the non-custodial parent is provided "visitation" with the child. Legal custody (or the ability to make major decisions on the child's behalf) is usually shared by both parents. Visitation can take many forms; from severely limited, in a supervised setting to overnights and extended 50-50 time sharing. Whether you are trying to get more time with your child or working out a shared custody and visitation plan, having an attorney with knowledge of court rulings on these case and of child development issues can help keep the children's well-being the paramount concern.
• Domestic Violence and Restraining Orders: In Massachusetts, no one is entitled to physically harm or mentally/emotionally intimidate another person. When this occurs in certain types of relationships, the law may deem it to be domestic violence and permit a court to issue an abuse prevention (restraining) order. See M.G.L. c. 209A There are legal requirements to be met in order to obtain such an order. The issuance of one can have significant consequences for the parties' children and for both the protection seeker and the alleged abuser. Do not ignore any legal notices. Seek legal counsel whether you are seeking protection or have an application filed against you.
• Paternity: If you have any doubts as to who is the father of a child, you should contact a lawyer. With DNA and blood testing, paternity is often an easy thing to prove. However, if you are the potential father, you should know that once you acknowledge paternity (with or without DNA testing), you will likely be obligated to support that child. Never sign any acknowledgement of paternity or answer a paternity complaint without first consulting a lawyer. If it is later discovered that you are NOT the father, and you have previously acknowledged yourself to be the father, you may still be obligated to provide support. Think twice before engaging in an intimate relationship with a person to whom you are not married, especially without taking personal responsibility for contraception. Several states have cases that require the male to pay support for the resulting child even if the male did not consent to conceiving a child and even if the male was below the legal age of consent at the time of conception.
• Guardianships: Many minor children and mentally ill individuals need someone besides themselves or their parents to make decisions for them, pursue their legal rights and look out fortheir best interests. As an advocate for families and the protection of these individuals, I make it my duty to guide families through the guardianship application process and to ensure individual and family rights are always protected. My services in the guardianship field also include emergency and standby guardianship proxies.

TRAINING AND CONSULTATIONS FOR ORGANIZATIONS AND AGENCIES SERVING CHILDREN AND FAMILIES

Mandated Reporters: All 50 states have laws requiring certain categories of people who deal with children in their professional or volunteer activities to report suspected child abuse or neglect to their state child protection service. In Massachusetts that requirement is contained in General Laws chapter 119, section 51A. Massachusetts Law About Child Abuse. You would be surprised at what activities can make you a mandated reporter. Being intimately familiar with chapter 119 and the DSS regulations that implement it, I can train you, your staff and your agency's volunteers about who is required to report, what is a reportable condition and the DSS process after a report is received. I also provide consultations to agencies and individuals about whether and how to report in specific cases.

Liability Risk Reduction through safe practices implementation: There is a growing trend in the United States to seek recompense for injuries from agencies and individuals who may have "deeper pockets" than the perpetrator. Theories of liability have been based on such easily remedied problems as failure to adequately screen workers, lax key policies, failure to report suspicions of abuse or neglect and absence of child discipline or safety policies. How does your agency protect its clients from injuries on your premises? How does your agency protect you, your staff and your volunteers from liability or from false reports of abuse? With a safe practices audit or development of safe practices policies, I can help answer those questions and help you reduce the risk of catastrophic injuries and lawsuits.

EDUCATION, SPECIAL EDUCATION, HOME SCHOOLING AND STUDENT DISCIPLINE

There are nearly overwhelming amounts of alphabet soup agencies and laws involved in the education of our children: SpEd, IEP, FAPE, DOE, 766, IDEA, ESEA, NCLB, CORE, ADA, LEA, FBA, DCAP, CFR, CMR, USC, MGL, 688 and 504 are just some examples. Whether your child is falling behind academically, needs special physical, emotional or educational accommodations, is being suspended, excluded or expelled or is being educated at home, I can help. I have represented children in school expulsion hearings, team meetings, mediations, due process pre-hearings and in court proceedings on education, special education, educational neglect and home schooling issues.

Whether your child has ADD, ADHD, an LD, PDD, ODD, BPD, an ASD, PTSD, is being charged as a CHINS or a delinquent or is alleged to be in need of Care and Protection (C&P); whether you are a parent, guardian, foster parent or home educator; you may find yourself in need of an experienced attorney to help you navigate your way through the complicated system of providers, procedures and remedies.

• Special Education: "'Special education' means specially designed instruction, at no cost to the parents, to meet the unique needs of the child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education." (20 U.S.C. Section 1401). There are complex eligibility, parent participation and consent and evaluation and due process requirements and procedures. Your child's evaluation process or individualized education plan (IEP) implementation can go awry at any of those stages of the process. If you are involved in accessing special education services or section 504 or other accommodations for your child, check out the links on my web resources page or use the contact information on this site to send a question.
• Home schooling: Home schooling is a constitutional right that the state is only permitted to regulate in certain limited ways. I have been a home-schooling parent, have advised homeschoolers and follow home school legal issues. If you are considering educating your child(ren) at home or are being investigated by DSS, the police or your local education agency (school system) for truancy, educational neglect or other home education issues, you should seek legal advice or representation.
• Student Discipline: Ever since the Columbine massacre, "Zero Tolerance" policies have escalated. Suspensions, exclusions (ie. extended suspensions) and expulsions have increased locally, across the state and nationally. At a recent CMM Urban-Suburban Dinner & Dialog, the Rev. Imani Smith (a DYS Re-entry Case Manager and Baptist minister) said that her mantra has been "intervention not suspension". I have arranged for assessments for students and have compelled schools to implement intervention plans to prevent suspensions and expulsions. I have represented students in expulsion proceedings and court actions related to school incidents. I am active in the Restorative Justice movement and follow ""Safer Saner Schools"" and other national and international education issues. If your child is in trouble in school or if you are a student facing discipline at school, I can help.