Guardianship is a legal process for a child under the age of eighteen not under a parent’s care. A Massachusetts court can give custody and care of a child to a Guardian if a parent gives permission or the court finds the parent is unable or unavailable to provide care. A Guardian takes on the role of a parent, providing a stable home and making everyday decisions about a child’s health, education, and safety.
Where do I begin?
Becoming a child’s Guardian is one way to help care for a child. Before you begin a legal process, consider the Alternatives to Guardianship which do not require court approval.
To learn more, click on the Question and Answer topics below:
General Guardianship Information
Specific Information and Resources
“Best interests of the child verses unfitness of the parent: Unraveling the intertwinement”, by Veronica Serrato, Esq.
Article summary: In a guardianship of a child under 18, where parents don’t consent to the guardianship, the judge must decide whether the parents are unfit. Before appointing a guardian, the court asks whether appointing the guardian is in the child’s “best interests.” The linked article discusses the two standards in guardianship of minors. Read More.
Go to the Resources page for more information and helpful web links.