Legal Question in Family Law in Massachusetts

Re: Paternal Custody Family Probate Court

Dear Sir: You have multiple issues and missing facts going on here. GAL reports are recommendations and maybe considered by the judge. It sounds like you agreed to execute a stipulation based on the GAL's report. In addition, I'm curious to know how you obtained an actually copy of this report? Usually, party's are only allowed to view the GAL report and their attorneys can retain a copy only for your review as well as, the court keeps the reports locked and separate from the file so the judge may view it and pro se parties may view when necessary.

If the other party filed a motion for clarification, you may want to file (for that same day/serving the parties at least ten (10) days prior) a motion for modification in regard to the temporary order, because there is no such thing as a "motion to contest" (in your situation) there is a motion to reconsider. However, filing a motion to reconsider does not seems appropriate, based on the fact that you and your ex-spouse filed a stipulation. If this is correct, you need to file a motion to modify the temporary order, together with an affidivat why it should be modified.

The docket number on your case should provide what judge you should be before. Call the clerk's office and ask what judge is assigned to your case based on the docket number. You can also find out online what judge is assigned by going to the family probate sites based on your county.

In regard to changing venue, you better have hard core facts, otherwise, it is not happening... What you are stating is serious and if you file and it is denied, you are going back before this judge and you are contending this judge is biased (get my point?).

On another note, you may want to seriously consider retaining an attorney. If you have any further questions, please feel free to contact me at (978) 794-0695. Sincerely, Maria Murber

Re: Paternal Custody Family Probate Court

One problem with people who represent themselves is that they do not know how to present facts, much less argue the law. You don't say what "this case" is: divorce, custody and support, guardianship; you don't say what court, nor what probate court, if it is a probate court; you don't say why a different judge heard the motion, which is supposed to be more difficult absent an emergency, under the new procedures; there is nothing to explain what and why the GAL made the recommendations s/he did, nor why the judge decided differently and why she ignored your stipulation. A lawyer would have known that if you change what the GAL proposes to something that implies you are not as worried about whatever led the GAL to make the recommendations, you risk the judge deciding that other parts are not important also.

Once a GAL was appointed, you should have tried to get a lawyer, because at that point you were going past any nonlawyer's ability to deal with the case. Now you are dealing with trying to undo what the court has done, and you really, really need to get a lawyer.