You wouldn’t be the first parent or caretaker to be investigated by the Department of Children and Families (DCF) and you won’t be the last. DCF’s admirable goal of keeping children safe from abuse and neglect is at times overshadowed by understaffed and overworked caseworkers. This unfortunate reality leads to many families being treated unfairly, with a lack of sincerity.

When DCF receives a report of abuse or neglect, the investigation begins right away. DCF will interview parents, caretakers, and even third parties called “collaterals.” At this early stage, you and your attorney can work with DCF to help guide and motivate the Department to appropriately assess your family. Your attorney can then assist DCF in identifying the services that are in the best interest for you and your family.

Choosing the right attorney to develop this relationship is one of the most important decisions you can make. Your attorney must have the ability to work with and develop a relationship with DCF that allows for open dialog and the capability of achieving your goals. But, if DCF has already supported a finding of neglect or abuse or against you, then your attorney must have the knowledge and ability to request discovery, cross-examine witnesses, and advocate for you at your Fair Hearing.

The attorneys at Ryan Faenza Carey have the experience, ability, and skill to work with DCF at all stages of the investigation, and advocate for your rights.

Whenever the Department of Children and Families (DCF) supports a finding of child abuse or child neglect against you, you have the absolute right to appeal that decision by requesting a Fair Hearing. To start an appeal, you must file a written request for a Fair Hearing within thirty (30) calendar days after receiving the decision against you. The DCF office will have fifteen (15) business days to review your request. The Fair Hearing will be scheduled within sixty-five (65) business days from receipt of your request.

It is extremely important you have an attorney represent you at the Fair Hearing. You and your attorney will have the right to request and examine copies of your DCF file and any 51A and 51B reports used to support findings of abuse or neglect against you. Your attorney will go over the alleged facts of the case, determine that DCF did not conduct a complete investigation, and illustrate how DCF did not have reasonable cause to believe the child was abused or neglected.

The attorneys at Ryan Faenza Carey have a unique understanding and experience with the Fair Hearing process. We represent you from start to finish, accompanying you at home visits, DCF interviews, and the entire Fair Hearing appeal process. We will prepare you for your testimony, present written motions, call witnesses, and cross-examine all DCF social workers who participated in the investigation.

Divorce and other breakups are tough, especially when there are children involved.  For children, there is grief, fear, loss, sadness and confusion.  Want to do right by your children and make the best of a difficult situation?

  • Shield and protect your children from adult matters such as finances, division of property or who is at fault in the breakup.  Your children deserve to have a happy and healthy childhood; an important part of that is their relationship with their parents. Your friends, family, therapist or other adults should be your sounding board, not your children. 
  • Reality check!  Going through a divorce or break-up can be a long, difficult and emotionally taxing process.  Take time to take care of yourself, while realizing that this too shall pass.  Do your best not to allow the months it could take to address and resolve your divorce take away from the years you have with your child.
  • In an age-appropriate manner and notwithstanding the above, involve the children in matters that affect them to the extent that you and your co-parent agree.  Give your child a calendar so that they can see when they are at each parent’s home.  Help them choose gifts and/or cards to give to their other parent for special occasions.  Let them feel important and a part of things. 
  • Let the children know that parents are forever.  Help them understand that the adults may be ending their relationship, but not the relationship between the children and their parents.  You may not be spouses or significant others anymore, but you will always be co-parents. Do your best to have a united front with your co-parent; even with difficult matters, such as discipline.  Your child, although they may not be willing to admit it, will be comforted and reassured that you’re working together for your child’s best interest. 
  • Respect your co-parent.  Forgiveness can be powerful; blame, negativity and/or bitterness has no place in how you and your co-parent effectively raise your children.  Be cognizant of the reality that you chose this person to be your child’s parent and respect their role in your child’s life. Children can benefit from having two different, but very important, people in their life. 
  • Reassure your children.  Let them know their feelings of grief, fear, loss, sadness and confusion are normal.   Understand that you’re all working through a “new normal” and you’ll have new schedules, traditions and celebrations. If appropriate, provide an opportunity for therapeutic assistance (for yourself as well as your children).
  • Communicate with your co-parent.  Take the high road, regardless of the path your co-parent has chosen.  Rise above adult conflicts and continue to parent your children the best you can.  In tense or emotional situations, do not be reactive.  Take a deep breath and honestly assess your thoughts and potential response.  How would you want this issue to be handled if the shoe was on the other foot? How would you have handled this issue if you were an intact family? Put the children first.

We at Ryan Faenza Carey believe that children should come first; it’s imperative that children have a positive, healthy childhood regardless of their family dynamics.  Be the best you can be, your children are counting on you.     

There are many divorce attorneys and firms who like to define themselves as specializing in representing “men” or representing “women” in particular. Over the years, divorce has become more gender neutral, although not completely gender neutral.  “Parenting” has replaced the traditional notions of “custody” and “visitation,” recognizing the importance of both parents.  Recent significant changes in both the alimony and child support laws have resulted in more gender neutral treatment in these areas (i.e. alimony and child support orders received by both men and women).  

So do you need a “divorce attorney for men” or a “divorce attorney for women”?

We at Ryan Faenza Carey believe the selection of an attorney to represent you in a divorce is an important one, and that there are many considerations more important than gender.  Experience, professionalism, and high rate of settlement are all important considerations in selecting an attorney.  It is critical that you feel trust and confidence in your attorney, and that you are able to communicate with him or her.  Over the decades, our firm has represented roughly equal numbers of men and women in divorce and family law matters.  We believe this broad base of clientele allows us to be strong advocates for both men and women, resulting in a meaningful resolution in most cases.

Decide for yourself. Call us for a consultation.

Thinking about your children returning or entering college? Even for parents whose children are young, the thought of college brings excitement, along with anxiety about how they will cover the costs of college.

Any parent is weighing these questions about college expenses:

  • Should the adult child have skin in the game and take on debt to pay a portion, or all of the cost?
  • Did the parents or family members contribute to college savings funds for the child?
  • Should the parents commit to taking on student loans for their child?
  • How are college expenses defined?
  • Do college expenses include college visits, college application fees, admission fees, and travel to and from school?

These questions are further complicated for parents with children of all ages who are going through a divorce. Here’s what you need to know about your rights as a parent with respect to your adult children’s college expenses.

A judge will help determine how to split costs of education in a divorce

In Massachusetts, a parent’s obligation to contribute to college expenses is not presumptive but is left to the discretion of the judge. The Court considers a series of factors in determining whether a parent must financially contribute to their children’s education. These factors include the cost of the college or university, the child’s aptitudes, the child’s living situation, the available resources of the parents and child, the availability of financial aid, and other relevant factors.

There are limits on the amount you can be ordered to pay

Under the Massachusetts’ Child Support Guidelines, no parent shall be ordered to pay college costs in an amount greater than 50% of the undergraduate, in-state resident costs of University of Massachusetts Amherst, unless the Court enters written findings that a parent has the ability to pay a higher amount. The Guidelines define “costs” as mandatory fees, tuition, and room and board for UMass Amherst, as set out in the “Published Annual College Costs Before Financial Aid” in the College Board’s Annual Survey of Colleges. The Guidelines’ limitation on payment of college expenses is recommended for most cases, but not mandatory.

College expenses can impact other factors in the child support agreement

A parent’s child support obligation may be reduced or terminated when paying for the adult child’s college expenses. However, it is also possible for a parent to pay child support in addition to paying for the adult child’s college expenses.

Whether a parent will have to pay for his or her children’s college expenses varies on a case-by-case basis.

Divorce is complicated- especially with children in the mix, and particularly when college is on the horizon! If you are a parent and involved in any legal matters involving custody and child support it is important that you speak with an attorney who specializes in the field of domestic relations law to ensure that all of your rights are preserved. Contact RFC today for help!