Guardianship of a Minor

Massachusetts Guardianship Lawyer Representing the Best Interests of Children and Families

When a parent passes away or cannot properly care for a child, a legal guardian must be appointed to protect the child’s best interests. In Massachusetts, anyone over 18 years old can petition the Probate and Family Court for guardianship of a minor. This includes grandparents, aunts, uncles and other family members, as well as non-family members who are interested in the child’s welfare.

Once approved by the court, a legal guardian has the right to make fundamental decisions for the child, including where the child lives, attends school and receives medical care.

Do not try to navigate this process alone. An experienced Massachusetts guardianship attorney can help you prepare a strong guardianship of a minor petition. The attorney can be the difference in whether your petition is approved or denied and how long the process takes.

For more than a decade, Attorney Robin B. Rose Buxton has successfully helped families petition the Family & Probate Court in Middlesex and Worcester counties. She understands the stress and challenges families face when someone needs to seek a safe situation for a child. She is committed to representing the best interests of children and families and finding the best outcome for the child’s future. Contact her today 978-650-1120 or use our contact form.

Common Questions About Massachusetts Guardianship Cases:

Can I Seek Guardianship of a Child in Massachusetts?
Anyone who is 18 years old can petition for guardianship of a minor under age 18 in Massachusetts.

How Soon Can I Get Guardianship?
A judge can enter an order for temporary guardianship after your petition is filed in court, which may give you the ability to move a child out of a troubled home right away if you are concerned about their well-being. Your petition for guardianship will still be heard while you are serving as temporary guardian.

Every situation is different. Attorney Buxton can review the details of your case with you and help you decide if it is appropriate to seek temporary guardianship.

Can the Parents Object to a Guardianship Petition in Massachusetts?
You can seek guardianship with or without the consent of the parents if they are found to be “unfit” by the court. It is easier to obtain guardianship with consent from the parents. No challenges means fewer steps to take in court.

If a parent challenges the guardianship petition, you must address the reasons they are unfit. You may call witnesses and gather the appropriate written records to present to the court.

Does the Child Have Any Say Over the Guardianship Petition?
It is always important to hear from children, but as a matter of law, children over 14 years old have greater rights in Massachusetts guardianship cases. They can actually sign onto your petition seeking guardianship to show their support.

What Rights Will I Have as Guardian of a Child?
A legal guardian has the right to make decisions regarding the child’s care and custody, including where the child lives, attends schools and what medical treatment they receive.