Boston Guardianship Attorney: Guardianship of a Minor

At Turco Legal, our Boston guardianship attorney provides compassionate, reliable, and solutions-driven legal advocacy. Our firm will help you find the best path forward in your specific situation. If you have any questions or concerns about the guardianship process, we are here as a resource. Call us at (978) 225-9030 to set up a confidential, no obligation consultation with a top-rated Massachusetts guardianship lawyer.

Massachusetts Law: What Is a Guardianship for a Minor?

A minor guardianship is a type of legal relationship whereby an adult—grandparent, aunt, uncle, sibling, family friend, etc.—becomes legally responsible for caring for and making decisions on behalf of the child. When a guardianship is put in place by a Massachusetts court, the guardian will be responsible for the child. In many ways, a guardianship is similar to child custody—but it is not the same thing.

Indeed, there are important distinctions between guardianship for a minor and the adoption of a child. When a child is adopted, the person(s) who files for adoption becomes their legal parent. The rights of the child’s biological parent(s) are terminated. A legal adoption is a permanent relationship. A guardianship is not necessarily a permanent, legal relationship and it does not sever all parental rights.

A Guardianship Does Suspend Many Parental Rights: Parent Must Go Through Guardian

Guardianships for minors are not put into place lightly. Under Massachusetts law, a parent’s ordinary parental rights are effectively suspended when a guardianship is in place. As an example, imagine that grandparents in Boston obtain guardianship for a child. The child’s father is no longer in the picture at all. Their daughter, the child’s mother, is still around but currently deemed unfit to provide proper care. The mother would not have the right to visit the child unless she obtained permission from the child’s guardian(s), the grandparents. In other words, the guardianship will supersede parental rights as long as it is in place.

Know the Legal Standard for Minor Guardianships in Massachusetts

Guardianships are put into place for minor children on a case-by-case basis. Courts will always take a close look at the specific situation. Ultimately, the purpose of guardianship laws in Massachusetts are to ensure that a child’s health, safety, and well-being are properly protected. Guardianship cases in Suffolk County, Massachusetts may move forward with or without parental consent.

• Parental Consent: Not all guardianship cases are disputed. A parent can give consent to a guardianship for their child. There are a number of different reasons why this may happen—from a parent having concerns about their own fitness to a parent feeling that a relative can provide a better environment for their kid. When consent is given by the parents (if they still have parental rights), courts are far more likely to approve a guardianship.
• No Parental Consent: Parental consent is not required to file for or obtain a guardianship for a minor in Massachusetts. However, if either of a child’s parents refuses to provide consent—either because they are actively fighting against the guardianship or because they are missing or otherwise refuse to engage—then the party filing for the guardianship must prove through “clear and convincing evidence” that the child’s non-consenting parent is “unfit.”

Similar to custody and visitation cases, minor guardianship cases are resolved under the Massachusetts best interests of the child legal standard. Above all else, a court must prioritize determining what arrangement is best for the child. If you have any questions about the best interests of the child standard, our Boston guardianship lawyer can help.

Why Families Trust Our Massachusetts Guardianship Attorneys

Minor guardianship law is complex. If you are seeking a guardianship for a minor, it is imperative that you have skilled legal representation. At Turco Legal, we are committed to handling minor guardianship cases with the highest level of care, sensitivity, and legal skill. A proactive approach is a must. More specifically, our Boston guardianship lawyer is prepared to:

• Hear your story and answer questions about guardianship law;
• Investigate the matter, gathering relevant documents and records; and,
• Devise a comprehensive legal strategy designed to protect you and your loved ones.

Get Help from Our Boston Guardianship Lawyer Today

At Turco Legal, our Boston guardianship attorney is a compassionate, solutions-oriented advocate for clients. If you need more information about guardianships, we are more than ready to help. Give us a call at (978) 225-9030 or send us a direct message to set up a confidential case review. With a law office in Boston, we handle guardianship cases in Suffolk County and throughout Eastern Massachusetts.