Commonwealth of Massachusetts The Trial Court Probate & Family Court Dept Summons By Publication Middlesex Division Docket #25D1889 Silvanna Zech vs Javier A Dominguez. To the above named Defendant, Javier A Dominguez A complaint has been presented to this court by the Plaintiff Silvann Zech seeking a Complaint for Modification. You are required to serve upon Silvanna Zech or attorney for plaintiff whose address is Azzinaro Manni-Paquette PC 353 Armistice Blvd Pawtucket, RI 02861 your answer on or before 19th day of November 2025. If you fail to do so the court will proceed to hearing and adjudication of this action. You are also required to file a copy of you answer in the office of this court at 370 Jackson St 5th Fl Lowell, MA 01852. Witenss Terri L. Klug Cafazzo Esq. First justice of said Court at Lowell this day of October 8th 2025.
PLAINTIFF, SILVANNA ZECH, F/K/A SILVANNA DOMINGUEZ'S
COMPLAINT FOR MODIFICATION OF A FOREIGN DECREE Plaintiff resides at 54 West Street, Pepperell, MA 01463; and Defendant resides at 10 DeLeon Drive, Apt D-7, El Paso, TX 79912. The Plaintiff and minor child have lived in the Commonwealth of Massachusetts for over 1 year.
A Foreign Final Judgment of Divorce was entered on February 5, 2024 in the Providence County Family Court in the State of Rhode Island order that:That the Plaintiff's Complaint for an Absolute Divorce is granted on the grounds that irreconcilable differences have arisen between the parties which have resulted in the irremediable breakdown of the marriage. That the Plaintiff Mother and Defendant Father are awarded joint custody of the minor child of the parties, Ezekiel A. Dominguez, (d.o.b. 02/17/2020), and Plaintiff Mother shall have physical placement of the minor child Ezekiel A. Dominguez.That the Plaintiff /Mother shall have final decision making regarding the minor child's health, education, and wellbeing if the parties do not agree after discussion.That the Defendant Father is awarded parenting time with the minor child in Rhode Island, to be arranged with Plaintiff with at least one full week advance notice, and Defendant shall provide itinerary as to where the visits will take place in Rhode Island. Defendant Father shall have overnight parenting time at the discretion of the Plaintiff Mother, (over text or email), based on whether the child is ready for said overnight visits.That all visitation shall occur in Rhode Island until and unless the minor child's therapist/doctor/counselor advises Plaintiff/Mother that the child is ready to travel with the Defendant/ Father, and at the sole discretion of the Plaintiff/ Mother. Any out of state parenting time with the Defendant shall be only by agreement of the parties in writing (text or email), and shall only occur during school vacations. Defendant/Father shall bear all of the costs associated any and all of his parenting time including transportation and child care.That the Defendant/Father is in arrears in child in the sum of $3,685.00 through October 31, 2023. He shall continue to remain obligated to pay child support to the Plaintiff/ Mother in the amount of Seven Hundred Eighty ($780.00) Dollars per month, plus the sum of One Hundred ($100.00) Dollars per month toward the child support arrearage, plus One Hundred Twenty ($120.00) Dollars per month for cash medical, and shall make payments through Rhode Island Child Support Enforcement in the total amount of One Thousand ($1,000.00) Dollars per month. That the minor child is presently covered on Rhode Island State medical insurance through Plaintiff/ Mother and shall remain on the same for as long as the minor child is eligible for said insurance.That the parties shall share equally in any uninsured and underinsured medical and dental and orthodontic expenses for the minor child, and any and all agreed upon extra-curricular activities.That the Defendant/Father may have reasonable electronic contact with minor child via facetime and/or the child's tablet.That the Defendant/Father is Enjoined and Restrained from removing the minor child from the State of Rhode Island for any reason without express written consent from Plaintiff/Mother through email or text message.That parties shall arrange any and all parenting time/visitation through text or email for the protection of both parties.That the Plaintiff/Mother shall have access to the minor child via cellphone or facetime at least once each day of Defendant's visits with the minor child.That Rhode Island shall remain the home state for the minor child and Rhode Island shall maintain jurisdiction in this matter.The Plaintiff shall be allowed to waive alimony and alimony is hereby permanently waived.The Defendant shall be allowed to waive alimony and alimony is hereby permanently waived.A Foreign Consent Order (post-final judgment) entered on April 8, 2024 in the Providence County Family Court in the State of Rhode Island ordering that:That the Plaintiff Mother and Defendant Father shall retain joint custody of the minor child of the parties, Ezekiel Dominguez (d.o.b. 02/17/2020).That the Plaintiff Mother shall continue to have physical placement of the minor child, Ezekiel Dominguez (d.o.b. 02/17/2020), and may relocate with the minor child to the Commonwealth of
Massachusetts.That both parties shall keep the other informed of their respective contact information including address.That the Plaintiff Mother shall continue to have final decision making regarding the minor child's health, education, and wellbeing if the parties do not agree after discussion.That the Defendant Father is awarded parenting time with the minor child in Massachusetts, to be arranged with Plaintiff with at least one full week advance notice, and Defendant shall provide itinerary as to where the visit will take place in Massachusetts. Defendant Father shall be responsible to pick up and drop off the minor child for his parenting time at the Plaintiff's home in the Commonwealth of Massachusetts, or at an agreed upon location determined in advance and memorialized via text message or email between the parties.Defendant Father shall have overnight parenting time at the discretion of the Plaintiff Mother, (over text or email), based on whether the child is ready for said overnight visits. That all visitation shall occur in Massachusetts until and unless the minor child's therapist/doctor/counselor advises Mother that the child is ready to travel with the Defendant Father, and at the sole discretion of the Plaintiff Mother. Any parenting time outside of Massachusetts for the Defendant shall be only by agreement of the parties in writing (text or email), and shall only occur during school vacations.Father shall bear all of the costs associated with any and all of his parenting time including transportation and child care.That the Plaintiff Mother shall maintain medical insurance for the minor child.That the parties shall share equally in the cost of any and all uninsured and underinsured medica, dental, vision and orthodontic expenses for the minor child, and any and all agreed upon extra-curricular activities.That the Defendant Father may have reasonable electronic contact with minor child via facetime and/or the child's tablet up to two times per day.That the Defendant/Father is Enjoined and Restrained from removing the minor child from the Commonwealth of Massachusetts for any reason whatsoever without the express written consent from Plaintiff Mother through email or text message.That parties shall arrange any and all parenting time/visitation through text or email for the protection of both parties.That the Plaintiff Mother shall have access to the minor child via cellphone or facetime at least once each day of Defendant's visits with the minor child.3.Since the date of the aforementioned Final Judgment (and subsequent Consent Order), the following changes in circumstances have occurred:That the Defendant Father has never exercised any of his visitation or parenting time with the minor child.That the Defendant Father has had only sporadic communications with the minor child, at best. The minor child is autistic and such inconsistent and sporadic communications with Defendant Father is detrimental to the minor child's wellbeing.That despite the Defendant Father's regular traveling history (as demonstrated on social media), he has not traveled to visit the minor child once. That the Defendant has not called the minor child on his birthday, sent a gift or remembered the minor child at Christmas for the last 3 years. That the Defendant has no knowledge of the minor child's overall wellbeing, the school he attends, medical status/information and/or activities of the minor child despite the Plaintiff Mother inviting him to do so. WHEREFORE, Plaintiff requests that the Final Judgment of February 5, 2024 be modified as follows:
Order that Plaintiff Mother has sole legal and sole physical custody of the minor child;Order that any and all contact and or visitation with the minor child shall be by agreement of the parties with the Plaintiff Mother having final decision-making authority regarding Defendant Father's communications with the minor child.Order any other relief this Honorable Court deems meet and just.
Respectfully submitted: Plaintiff, Silvanna Zech, f/k/a
Silvanna Dominguez, By and through her Attorney, Felicia A. Manni-Paquette, Esq.Azzinaro, Manni-Paquette
353 Armistice BoulevardPawtucket, Rhode Island 02861 Tel. No. 401-729-1600BBO#: 660351
October 22 2025
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