ICE shuts down free access to legal counsel

  Family separation policies are affecting thousands of lives on our southern border.  Both citizens and refugees are being torn by emotional and economic distress.  Exacerbating matters further, ICE just shut down the 1-800 free access to legal counsel line in detention centers. Read More on the Los Angeles Times

Conflicts With Court Ordered Parenting Time

It is frequently asked by parents living under parenting schedules ordered by the Court, what can they do to get the other parent to be more cooperative in last minute or long term plans that conflict with the parenting schedule. Frankly, there are not that many options.  A parent has the right to go to … Continue reading Conflicts With Court Ordered Parenting Time

Can I Protect My Pension From My Soon-to-be Ex?

Massachusetts has taken the position that ALL assets of the parties (individual and marital) are put on the table for distribution at time of divorce. Many states honor "separate property" doctrine at time of divorce--that is property the parties' owned before marriage or in their name only -- but Massachusetts does not.  So, any pension … Continue reading Can I Protect My Pension From My Soon-to-be Ex?

If giving up custody of my two children to my husband can I go back in several years and try to get custody?

Let me correct you about certain assumptions your question seems to be making: In today's environment, "fault" is not necessary to prove against the other spouse to get a divorce. In other words, infidelity, cruelty, abandonment etc., does not have to be plead or proved to get a divorce, and frankly most lawyers do not … Continue reading If giving up custody of my two children to my husband can I go back in several years and try to get custody?

Gay Marriage — Unhappy Divorce

Marriage equality has gained enormous momentum since the landmark Massachusetts ruling in Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003), with 18 states and the District of Columbia legalizing or recognizing Gay marriages since 2003. http://www.cnn.com/interactive/us/map-same-sex-marriage/ Thats the good news.  The bad news is that state have been left with no legislative guidance as to how … Continue reading Gay Marriage — Unhappy Divorce

MATTA LAW reaches new benchmark

MATTA LAW'S Attorney, Estela Matta, has reached a benchmark of over one thousand of YOUR legal questions answered. More than 750 unaffiliated attorneys have concurred and agreed with the legal content, quality and particularized information provided by Attorney Matta in answer to your individual legal concerns. Keeps your questions coming! When your case matters--call Matta Law.  A proven record of … Continue reading MATTA LAW reaches new benchmark

What is the Difference Between Guardianship and Custody?

Custody is the exclusive purview of a parent.  A parent is the natural guardian of a child. When a child is born there is a presumption of legal and physical custody of the child to the biological parent(s).  However, for every rule of law there are exceptions. If a child is born to a married … Continue reading What is the Difference Between Guardianship and Custody?

Dad Must Pay Half of Daughter’s Law School Costs

Reprinted by Permission - American Bar Association Journal By Debra Cassens Weiss A Rutgers University history professor will have to pick up half the cost of his daughter’s education at Cornell Law School, which will cost him about $112,500, according to a New Jersey appeals court. James Livingston is required to pick up the tab because … Continue reading Dad Must Pay Half of Daughter’s Law School Costs

What affect, if any, to giving birth in another state for custodial purposes?

Where a child is born is very significant, in terms of what state has jurisdiction over the child, esp if an interstate custody dispute should arise. Pursuant to the Uniform Child Custody Enforcement laws, where the child is born and lives for the first six months of it's life is the state that has jurisdiction … Continue reading What affect, if any, to giving birth in another state for custodial purposes?

My Ex told me to stop paying her the child support. Is this legal?

Only a court of competent jurisdiction can vacate the child support order. If you fail to pay under the existing order you could be setting yourself up for a Contempt charge. If your ex no longer wishes to receive payments from you for the children, she will have to go to the Probate & Family … Continue reading My Ex told me to stop paying her the child support. Is this legal?