Massachusetts Guardianship

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.

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.

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.

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.

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.

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 [...]

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 [...]