Questions & Answers

What factors do courts consider when determining child custody?

Courts primarily base their decision on what is in the child’s best interest, using the Child’s Best Interest Standard. Factors vary from state to state, but the overall goal is to make a decision that promotes the health and wellbeing of the child. Parents are encouraged to come to an agreement on matters of child custody and visitation to submit

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I was injured as a passenger of an Uber driver, who is responsible for damages?

If you’re injured in a ride-sharing vehicle, such as Uber or Lyft, you have a right to get compensation for your injuries and other damages. Financial responsibility typically falls on the insurance company of the at-fault driver, which may be the ride-sharing company’s driver or another driver involved in the accident who caused the crash. The ride-sharing driver’s car insurance

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Does Massachusetts have a 3 Strikes Law?

Many states, including Massachusetts, have what is called a “Three Strikes Law.” This rule mandates life sentences for repeat violent offenders. Under this law, a Massachusetts judge must impose the maximum sentence for a person’s third violent felony offense. Any single person convicted of three separate felonies can be sentenced to 25 years to life in prison, even if each

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My son and daughter-in-law are divorcing. As a grandmother do I have visitation rights?

Grandparents do have legal rights, however, regarding visitation, may require a court order under Massachusetts law. In the event the grandparents and parents can come to an agreement regarding visitation, court intervention is not required. When no such agreement can be made, there are certain situations grandparents may be granted a court order allowing visitations. Under Massachusetts law, grandparents have

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I recently discovered toxic mold in my apartment. Am I allowed to withhold rent until the mold is removed?

Landlords are urged to take mold seriously under Massachusetts law. Mold is considered a top environmental concern which can grow quickly. Regardless of what may appear in a written lease agreement, landlords in Massachusetts are bound by “implied warranty of habitability.” This is a legal doctrine that requires providing tenants with apartments in livable condition. Tenants in Massachusetts have the

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I’ve been estranged from my husband and want to remarry. Will Massachusetts grant me a Bifurcated divorce?

Bifurcation of divorce allows spouses to become legally divorced before the divorce details have been finalized. The option to remarry is the most common use of bifurcation; however, some couples seek a bifurcation to distinguish between marriage or pre-marriage property. In states that permit bifurcation, the court will handle the end of the marriage separately from the other divorce matters

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Can the police look at my cell phone if I am detained or arrested?

The Fourth Amendment to the U.S. Constitution protects you from unreasonable government searches and seizures, including your electronic and smart devices. Whether you’re being held under detainment or arrest, you still have protective rights. To start, before speaking to any law enforcement official, you can state you do not wish to answer any questions without your attorney present. In many

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