Legal Question in Family Law in Massachusetts

my queestion pertains to a child (currently under my care) who has had her mother (my niece) pass away after birth; the hospital was sued and compensation was set to be distributed amongst three children (including the latest child). As guardians and potential adoptive parent we were told that child is entitled to her money, we have met with an attorney to see how we should use the money but the attorny and I are not coming to an agreement on what it is the child needs, my questions are:

1) Are we entitled to request a new attorny/

2) Can we meet with the judge ourselves in hopes of getting valid and reasonable answers?

3) Is it possible to stop the process and get the adoption finalized?

thank you!


Asked on 3/09/11, 10:09 am

1 Answer from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

1. You are always entitled to speak with another attorney and get second opinion or prospective on things. Of course the attorney could charge for his time. It was unclear from your statement as to whether the attorney was appointed by the court to represent you and/or the children. if that is the case then you would need to file a motion with the court to get another attorney appointed.

2. The Judge cannot give you legal advice. The Judge only make decisions but cannot tell you what the law says. When the adoption hearing takes place it will be in front of the Judge so you can speak to him but again he should not be giving you legal advice.

3. I do not understand this questions. What "process" are you referring to? The adoption? It sounds like you want to adopt so I do not see why you are asking if it can be stopped. You can always back out of adopting the children until the moment the Judge signs the paperwork.

Nicole

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Answered on 3/09/11, 10:35 am


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