Guardianship of a Minor

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When a child's parents are unable or unavailable to care for them, a guardian may be appointed to provide for the child's daily needs, medical care, and education. In Massachusetts, guardianship of a minor is a legal process that gives someone — other than the child's parent — the authority and responsibility to care for the child.

At Sousa Family Law, we understand how sensitive and urgent guardianship cases can be. Whether you're a grandparent, relative, or family friend, we’re here to guide you through every step of the process.

Guardianship is a legal arrangement where a non-parent adult is given the authority to care for a child under the age of 18. A guardian has many of the same responsibilities as a parent, including:

• Providing a safe home
   
• Making medical decisions
   
• Enrolling the child in school
   
• Managing the child’s daily care and routine
   

Guardianship does not terminate parental rights, but it does suspend a parent’s ability to make decisions for the child while the guardianship is in place.

Guardianship may be needed when a parent:

• Is deceased
   
• Is incarcerated
   
• Suffers from substance use disorder or mental illness
   
• Is unable to care for the child due to illness, instability, or absence
   
• Voluntarily consents to guardianship (temporarily or long-term)
   

To obtain guardianship of a minor, you must:

1. File a Petition for Appointment of Guardian of a Minor with the Probate and Family Court
    
2. Provide notice to the child’s parents and other interested parties
    
3. Complete a CORI check and sometimes a DCF background check
    
4. Attend a hearing, where a judge will evaluate whether the guardianship is in the child’s best interest
    

If the parents object to the guardianship, the court will schedule a trial and may appoint a guardian ad litem (GAL) to investigate the circumstances.

• Temporary Guardianship can be granted quickly in emergencies or urgent situations. It lasts for up to 90 days and can be extended.
   
• Permanent Guardianship may be granted if the child’s long-term care cannot be safely provided by the parents.
   

The Probate and Family Court prioritizes the best interests of the child when deciding whether to appoint a guardian. Factors include:

• The child’s safety and stability
   
• The guardian’s relationship to the child
   
• The physical and emotional needs of the child
   
• The ability of the guardian to provide ongoing care