Guardianship of Children Lawyers in Salem, MA

How & Why to Establish Guardianship of a Minor in Massachusetts

When a parent can no longer care for a child, another family member or, in some cases, a nonfamily member can seek guardianship of that child. A guardianship places legal responsibility for the minor in the guardian's hands. 

At Koiles Pratt Family Law Group, we assist grandparents, siblings, and other family members throughout Massachusetts in obtaining guardianship over vulnerable children when the natural parents are unable or unwilling to care for them. We also represent clients in disputes involving contested guardianships.

Call (978) 744-7774 or reach us online for a case assessment with a Salem child guardianship attorney. Serving clients in Boston, the North Shore, and statewide. 

How We Help Massachusetts Families in Crisis

When a parent cannot fulfill their parental responsibilities, such as in cases of drug abuse, alcoholism, mental health issues, or incarceration, the responsibility often falls on relatives to seek legal rights over the child. If the child is already living with you at home, you may consider formalizing that relationship through a guardianship.

Anyone who is at least 18, without a criminal record of child neglect or abuse, can petition to become a guardian. 

Our family law firm has helped people throughout Massachusetts obtain guardianships over minor children since 2004. We have the experience to prepare guardianship petitions and supporting documents, as well as represent you in court hearings. In many cases, this process is routine, and we can secure your guardianship efficiently. 

Temporary vs. Permanent Guardianship in Massachusetts

Massachusetts law recognizes two distinct types of minor guardianship, and understanding the difference matters for choosing the right path for your family:

• Temporary guardianship can be granted quickly, without a full hearing, when a judge finds that a child faces immediate, serious harm to their health, safety, or well-being, and no parent or existing guardian is available to step in.
• Permanent guardianship follows the standard petition process. It gives a guardian ongoing legal authority over the child until the guardianship ends, whether by the child turning 18, a court order, or another qualifying event.

What the Guardianship Process Involves

To petition for guardianship of a minor in Massachusetts under G.L. c. 190B, you generally need to show one of the following:

• Both parents consent to the guardianship
• The parents’ parental rights have been terminated
• A parent has signed a voluntary surrender
• The court finds that the parents are unable to care for the child

Once a petition is filed, Massachusetts law requires that notice be given to all interested parties, including: 

• Any living parent
• Anyone who has had custody of the child or with whom the child has lived during the preceding 60 days
• The child personally, if they are 14 or older

If the child is 14 or older, they may also nominate their own guardian, and their consent may support the petition. If a parent agrees to the proposed guardianship, they can sign a notarized waiver and consent form rather than contest the case in court, which often helps an uncontested guardianship proceed more quickly. 

If a parent or another interested party disagrees, they can file an objection, and the matter proceeds to a hearing before a judge.

Reporting Requirements After Appointment

Being appointed guardian of a minor isn't the end of the court's involvement. Massachusetts law requires guardians to file a written report on the child's condition, along with an accounting of any assets or funds the guardian controls on the child's behalf. 

This report is due within a set period after the appointment, and at least once a year thereafter for as long as the guardianship continues.

The court reviews these reports to ensure the arrangement continues to serve the child's best interests and may order a guardian to file a report at any time if a question arises. 

Staying current with these filings is an ongoing responsibility, not a one-time formality, and our attorneys can help make sure you meet these requirements without falling out of compliance.

Guidance from a Salem Guardianship of a Minor Attorney

Our firm assists grandparents, siblings, other family members, and friends throughout Massachusetts in obtaining guardianships over vulnerable children. As the largest divorce and family law firm north of Boston, we offer high-caliber legal representation close to home at a value that other Boston-based firms can't touch.

Call us today at (978) 744-7774 or contact us online for a guardianship consultation at our Salem or Boston office, or schedule a virtual consultation for your convenience.