If you believe that it would be detrimental to your grandchild for the parent(s) to have visitation with the child you can ask the court to include a provision in the final Order prohibiting visitation or requiring supervised visitation. It could also be shown by evidence of a mental illness and/or substance abuse problem that prevents the parent from providing financially and emotionally for the child. This may involve proving that the parents have a history of abusing, neglecting, or abandoning the child. In the case of a petition for guardianship by a grandparent, this usually means you will need to convince the court that the parents are unable or unwilling to properly care for the child. Both the child and the parents are entitled to legal representation at the hearing.Īll decisions made by a judge must be made using the “best interest of the child” standard. If the parents do not agree to your appointment as guardian, a judge will ultimately decide if guardianship is warranted at a hearing. The parents of the child can agree to your appointment as a guardian, making the process much easier. If the court does grant your petition for emergency guardianship the parents must be notified, and a hearing will be scheduled after proper notice is given to determine if the temporary guardianship should be made permanent. With good cause, you may be able to obtain guardianship over your grandchild on an emergency (and temporary) basis without waiting for the parent(s) to be notified. Notice must also be given to the Department of Children and Families if they have custody of the child and to the United States Veterans Administration if the child is entitled to VA benefits. When you petition for guardianship over a minor child, notice must be provided to the parents of the child, any current guardian, anyone the child has lived with within the previous 60 days (except foster parents), and to the child if he/she is over 14 years of age. To become your grandchild’s legal guardian, you must petition the appropriate court. The parent does not permanently lose his/her parental rights however, while the guardianship is active, the grandparent has the legal authority to care for the child and make all decisions relating to the child. Guardianship is not the same as adoption. ![]() As your grandchild’s legal guardian, you will have the authority to make decisions for the child, as if you were his/her parent. If you plan to take over the care of your grandchild for more than a brief period of time, or more importantly, if you wish to have legal authority over your grandchild, you will need to become your grandchild’s legal guardian. Not only can the parent decide to remove your grandchild at any time, but you may also run into problems with things such as enrolling the child in school or consenting to medical treatment. ![]() ![]() If you do, it is important to understand that unless you take additional steps you will have no legal authority over the child. If you find yourself in this situation, you may (understandably) want to step in and agree to care for your grandchild. The parent may have recently become unemployed and cannot financially support the child or the parent may have a mental health or substance abuse issue that prevents the parent from being able to provide the child with a stable home. This may happen for a variety of reasons. ![]() Are You a Temporary or Informal Caretaker?Īll too often a grandparent agrees to take over the care of a grandchild on a temporary or informal basis. If you are one of the 2.7 million grandparents who is currently caring for a grandchild, or who wishes to take over the care of a grandchild, it is imperative that you understand how to become your grandchild’s legal guardian in Massachusetts. Census, about six million children under 18 are being raised by grandparents.
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