Newburyport Guardianship Attorney: Guardianship of a Minor

At Turco Legal, our Newburyport guardianship attorney is dedicated to guiding clients through some of life’s most sensitive and complex legal matters. We provide thorough support in all aspects of minor guardianship cases across Essex County. If you have any questions about guardianships, we are here to offer clear, expert advice. Please contact us at (978) 225-9030 to schedule a confidential consultation with an experienced Massachusetts guardianship lawyer.

What Is a Guardianship?

In Massachusetts, a guardianship of a minor is a legal arrangement whereby a trusted adult—other than the child’s parent(s)—is granted the authority to care for and make decisions on behalf of the child. A guardian could be a grandparent, an aunt, an uncle, an adult sibling, or another responsible adult. In general, a guardianship will be put into place when a child’s parent(s) are not available or capable of taking care of the child.

How Does Guardianship Differ from Adoption?

While both guardianship and adoption involve taking on a parental role, they are fundamentally different. A legal adoption permanently severs the parental rights of the child’s birth parents, making the adopting individuals the child’s legal parents. In contrast, a guardianship does not terminate the relationship between the child and their parents. Guardianship may be revoked if circumstances change, whereas adoption is a permanent legal commitment.

The Impact of Guardianship on Parental Rights in Massachusetts

Under Massachusetts law, a guardianship effectively suspends the regular parental rights of the biological parents. For instance, if a child’s grandparents are granted guardianship, the child’s parents would not retain the same parental rights and would need permission from the guardians for visitation. This suspension remains in place for as long as the guardianship is active.

The Legal Criteria for Guardianships in Massachusetts

Guardianship laws are designed to ensure that children receive the care and protection they deserve. Massachusetts law presumes that a child’s parents are generally the best suited to care for them, except in extraordinary circumstances. Guardianships typically arise in two main situations:

• Parental Consent: In some cases, a child’s parent(s) may support or otherwise cooperate with the guardianship process. As an example, a parent may agree that their parents (the child’s grandparents) are currently in a better position to provide care. When a parent—or a child who is 14 years of age or older—gives consent, the guardianship process can be easier to navigate.
• No Parental Consent: A guardianship may also be obtained over a parent’s objection or their refusal to engage with the process at all. If a parent refuses to give their consent to the guardianship, a Massachusetts judge must find that there is “clear and convincing evidence” that the parent is unfit to fulfill their responsibilities. If you have questions about a guardianship case with no parental consent, an experienced Newburyport family lawyer can help.

Who Can File for a Guardianship of a Minor in Massachusetts?

Massachusetts law permits any competent adult to petition for guardianship. While most petitions are filed by close relatives, such as grandparents or aunts and uncles, it is not required that the guardian be a family member. Multiple petitioners can also file jointly for guardianship. If you have questions or concerns about filing for guardianship in Essex County, our Newburyport guardianship attorney is available to assist.

How We Can Support You in Your Guardianship Case

Guardianship matters can be emotionally and legally challenging. At Turco Legal, we offer personalized attention and sensitive guidance to help you through the process. Our Newburyport office is here to provide:

• A listening ear to understand your unique circumstances and provide clear, informed answers to your questions about guardianship law.

• Assistance in gathering necessary documents and records for your case.

• Support in completing legal paperwork and representing you during hearings.

Arrange a Confidential Consultation with a Newburyport Guardianship Attorney

At Turco Legal, our Newburyport guardianship lawyer has the knowledge and experience to guide you through the complexities of guardianship law with confidence. If you have concerns or need more information, we are here to help. Contact us at (978) 225-9030 to schedule a private, no-obligation consultation. We serve families throughout Essex County, including Salem, Andover, Amesbury, Gloucester, Hamilton, Beverly, Manchester-by-the-Sea, and Lynnfield.