Family Law

• Adoption
• Alimony and Support
• Child Custody / Parenting Plans
• Child Support
• Contempt
• Divorce
• Department of Children and Families (DCF)
• Father's Rights / Paternity
• Grandparent Rights
• Guardianship

• International Family Law
• LGBTQ Services
• Limited Assistance Representation (LAR)
• Modifications
• Name Changes
• Out of State Removal / Relocation
• Prenuptial Agreements
• Postnuptial Agreements
• Property Division
• Special Immigrant Juvenile Status (SIJS)

If you are considering an adoption, it is important to talk with an adoption attorney to discuss the process, potential issues, and your legal options.  Adoption brings joy to the family, but it is important to be aware of legal obstacle and other impediments.  Speaking with an attorney about the adoption process can help you make the decision that is right for you.  At the Law Offices of Mark R. Scialdone, we will explain how adoption law applies to your case and make sure you understand your rights and options.  Please contact us to speak with one of our attorneys.

Alimony (or spousal support) is one of the most frequently contested issues in a divorce.  Generally speaking, alimony is paid from one spouse to the other to allow the spouse to maintain a similar lifestyle that he/she had during the marriage.  The Alimony Reform Act provides for amount and durational limits on alimony, and also discusses other factors such as cohabitation and retirement.  At the Law Offices of Mark R. Scialdone, we advocate on behalf of our clients for a fair alimony order, in light of the facts of your case.  We urge you to contact us to discuss alimony options.

Child custody is often one of the most difficult issues a parent faces when going through a divorce.  Massachusetts law gives a Judge considerable discretion in determining which parent will have custody.  The Probate and Family Court determines which parent should be awarded custody based upon that child’s “best interests” and which parent will best promote those interests.  However, there is no definition of the “best interests” standard.  For this reason, it is beneficial to have an attorney represent whenever custody is an issue.  

At the Law Offices of Mark R. Scialdone, our attorneys are dedicated to protecting your rights to raise your child.  Please contact us to discuss with an experienced attorney. 

In Massachusetts, child support is calculated using the Child Support Guidelines.  The Court will consider a variety of factors, including the parenting schedule, each parent’s income, and the cost of health insurance and child care.  The child support formula is presumptive, meaning there are no guarantees as to how a Judge might decide a particular case.  Judges can deviate from the Child Support Guidelines if they see the situation fit to do so.  For this reason, we strongly urge anyone with a child support matter to contact an attorney. 

At the Law Offices of Mark R. Scialdone, our attorneys understand and will advocate on your behalf for a fair child support order.  Please contact us to speak with an experienced attorney about your child support matter. 

If a court order is not being followed, often the best option is to file a Complaint for Contempt in the Probate and Family Court.  Contempt actions frequently arise when one parent fails to pay child support or fails to follow the parenting schedule with the children.  A contempt action may also be appropriate when one parent is preventing the other parent from having parenting time with the children.  At the Law Offices of Mark R. Scialdone, we understand the frustration when another parent disregards a court order or agreement.  

If you are thinking of filing a Complaint for Contempt or if you have been served with a Complaint for Contempt, we strongly recommend that you contact our experienced attorneys right away.  Please contact the Law Offices of Mark R. Scialdone to discuss your options with our specialized attorneys today. 

The dissolution of a marriage requires making crucial decisions that have a long-term impact.  At the Law Offices of Mark R. Scialdone, our team of family law attorneys have extensive knowledge and experience in contested and uncontested divorce proceedings.  We will assist you in seeking a parenting plan and custody arrangement, establishing a child support and/or alimony order, and determining which assets you will retain as part of your divorce.  Other important issues will need to be addressed, such as health insurance and tax-related issues.  

Ultimately, the divorce process involves protecting your rights.  The best way to protect those rights is to discuss with an experienced divorce attorney.  At the Law Offices of Mark R. Scialdone, we will zealously advocate on your behalf to protect your rights.  Please contact us to discuss with an experienced attorney. 

The Department of Children and Families (DCF) conducts investigations into allegations of child abuse and neglect.  Whenever DCF becomes involved in your case, you should contact an attorney who can guide you during the investigation.  Having an attorney involved as soon as possible is often crucial in making sure that your rights are protected.  At the Law Offices of Mark R. Scialdone, we will work closely with you and with DCF to obtain the most favorable outcome for you. We understand the unique issues when DCF is involved in your case. Please contact us to discuss your options with an experienced attorney. 

In Massachusetts, when unmarried couples have children, there is no presumption of parentage for the father.  It is important for both the mother and father to establish paternity.  Fathers may file a paternity action to establish their rights and obligations as a parent to their child(ren).  Mothers may also seek to have paternity established in order for the child to be financially supported by both parents and to provide the rights and protections that come with the parent-child relationship.  At the Law Offices of Mark R. Scialdone, we have considerable experience representing parties in paternity matters.  To learn more, contact us today.

Massachusetts law recognizes certain rights to a grandparent, particularly where a grandparent has been actively involved in raising a child.  If grandparents and parents do not agree on visits, grandparents may be able to get a court order allowing them to visit with their grandchildren.  To meet the high standard required to obtain grandparent visitation, it is often best to have an attorney represent you.  At the Law Offices of Mark R. Scialdone, we can assist you at all stages of your grandparent visitation case.   Please contact us to discuss to learn more.

There are times in life where a parent may be unable to care for their child(ren).  This may occur when parents are absent, deceased, or simply unable to care for their child(ren) for any reason.  In such a case, we assist families in establishing formal guardians who step into the parental role. In most cases, the guardians are often grandparents, relatives, friends, or stepparents.  The duties of a guardian are similar to that of a parent: the guardian must provide for the child’s education, health, and welfare.  To learn more, contact us today. 

International family law is a fast-growing area of the law.  People often have links to other countries that could potentially impact a family law case.  International family law requires knowledge of local substantive law as well as the ability to collaborate with attorneys, experts, and professionals in other countries.  Common international family law issues include international divorce, international child custody and relocation, division of assets across borders, international probate matters, and execution of international prenuptial agreements.  If your case has an international component to it, please contact us to speak to an experienced attorney in greater detail. 

In Massachusetts, LGBTQ couples are entitled to the same rights and protections as heterosexual couples.  Same-sex divorce is treated the exact same way as a heterosexual divorce under the law in Massachusetts.  However, LGBTQ and same-sex couples occasionally face unique challenges in divorce and custody cases that are not present in “traditional” cases.  At the Law Offices of Mark R. Scialdone, we are aware of these challenges and can effectively address these issues.  We understand all cases are different and each case presents a unique set of circumstances.  Please contact us to speak with one of our attorneys or to schedule a free consultation. 

Limited Assistance Representation (LAR) is available for use in the Probate and Family Court.  In traditional representation, an attorney represents a client in all aspects of a matter.  In Limited Assistance Representation, the client hires the attorney to perform specific tasks in their case.  LAR allows an attorney to represent a client for one component of his/her legal matter, thereby reducing the legal fees incurred by the client. 

Over the years, the Law Offices of Mark R. Scialdone has utilized Limited Assistance Representation in all areas of family law.  Please contact us to determine whether LAR is right for you.

When circumstances change, one party may seek to modify the terms of an existing order, such as child support, custody/parenting time, alimony, and so forth.  Whether a change in circumstances warrant a modification depend on a variety of factors.  If you are seeking to modify an existing order or if you are opposing a modification of an existing order, you should seek guidance from an experienced attorney. 

At the Law Office of Mark R. Scialdone, our attorneys frequently represent clients in Modification matters before the Probate and Family Court.  Please contact us today to discuss your legal options 

Many clients seek to change their name as part of the divorce process.  As part of a divorce, the Probate and Family Court will allow you to resume your former name at the conclusion of your divorce.  However, it is also possible to change your name at any time, for a variety of reasons, regardless of whether you are going through a divorce. 

At the Law Offices of Mark R. Scialdone, we frequently assist clients seeking to change their legal names or the names of the children.  Please contact us to discuss your options. 

When a parent wishes to move outside of Massachusetts with a child, he/she must generally obtain the permission from the other parent or receive approval from the Probate and Family Court.  Whether a parent will be allowed to relocate with a child depends on a number of factors and varies considerably depending on the circumstances of each case. 

At the Law Offices of Mark R. Scialdone, we have experience litigating removal cases.  Please contact us today to speak with an attorney to discuss your legal options. 

A Prenuptial Agreement is a document prepared in anticipation of a marriage.  A “prenup” generally determines the rights and obligations of the parties upon death and/or divorce.  To be enforceable, a prenuptial agreement should be executed well before the wedding takes place. There must be full financial disclosure between the parties and each spouse should have independent legal representation. 

Given the significant rights and long-term consequences of a prenuptial agreement, we encourage individuals considering this option to contact our office as soon as possible.

A postnuptial agreement is a legal agreement executed after a couple gets married.  The agreement is intended to settle the couple's affairs and assets in the event of a separation or divorce.  Postnuptial agreements generally address the same issues that would normally be addressed in a prenuptial agreement.  Whether a postnuptial agreement is a good option for you depends on your personal circumstances. 

If you are considering a postnuptial agreement, we encourage you to contact the Law Offices of Mark R. Scialdone to speak with one of our experienced attorneys. 

In Massachusetts, all assets are subject to division in a divorce, whether accumulated before or during the marriage.  The Probate and Family Court will consider numerous factors in making an “equitable” division of assets.  This includes factors such as the length of the marriage, the conduct of the parties, the ages and health of the parties, and the occupation and employability of the parties.  Ultimately, the Court will consider a wide range of factors in determining a fair and equitable division of the marital estate.

At the Law Offices of Mark R. Scialdone, we will ensure that your valuable property rights are protected during your divorce.  Please contact us today to discuss with an experienced attorney. 

Special Immigrant Juvenile Status (SIJS) is an immigration benefit available to certain undocumented children who are found to be abused, neglected, or abandoned by one or both parents.  SIJS provides a potential pathway to a green card and to obtain legal permanent residence in the United States.  To qualify, there must be very specific findings (called "special findings") made by the Judge in the Probate and Family Court.  Once the Judge makes these findings, the child can seek to adjust their status to become a legal permanent resident.

Given the very specific requirements and the time sensitive nature of these hearings, we encourage you to contact the Law Offices of Mark R. Scialdone to speak to one of our attorneys.