Does the court automatically grant grandparent visitation?
No. Grandparent visitation is not automatic. The court evaluates each case individually under Massachusetts law.
What is the difference between grandparent visitation and guardianship?
Grandparent visitation addresses a grandparent's request to maintain a relationship with a grandchild. Guardianship is a separate legal proceeding in which another adult is appointed to care for a child when a parent is unable or unavailable to do so.
Do I need an attorney for a grandparent visitation case?
Although an attorney is not required, grandparent visitation cases often involve complex legal issues and important family relationships. Experienced legal representation can help you understand your rights and present your case effectively.
Who can petition for guardianship of a minor in Massachusetts?
Depending on the circumstances, grandparents, other relatives, family friends, or other appropriate adults may petition the Probate and Family Court to be appointed as a child's guardian.
Does a guardianship terminate a parent’s rights?
Not necessarily. Unlike adoption, a guardianship generally does not permanently terminate parental rights. Depending on the circumstances, parents may retain important legal rights and may petition the court to terminate the guardianship if they are able to resume caring for their child.
Can a parent object to a guardianship?
Yes. Parents generally have the right to participate in guardianship proceedings and may object to a petition. If the matter is contested, the court will determine whether the legal requirements for appointing a guardian have been met.
Can a guardianship be terminated?
Yes. A parent or guardian may petition the court to terminate a guardianship when circumstances have changed and the legal requirements for termination are satisfied.
What is the difference between custody and guardianship?
Custody generally addresses disputes involving parents or other individuals with parental rights. Guardianship is a separate legal proceeding that allows another adult to care for a child when a parent is unable or unavailable to do so.
Do I need an attorney for a guardianship case?
Although an attorney is not required, guardianship proceedings often involve important legal and factual issues that can have long-term consequences for both children and families. Experienced legal representation can help ensure that your rights are protected and that the court receives the information necessary to [...]
Is a guardian the same thing as a guardian ad litem?
No. Although the terms are similar, a guardian and a Guardian ad Litem (GAL) perform very different roles. A guardian is appointed to care for a child and make important decisions on the child's behalf. A Guardian ad Litem is a neutral appointed by the [...]
