The process of removing a guardian in Massachusetts is complex, and it begins with filing a petition by an eligible individual. This notice of the hearing must be served on the minor, current guardian, child’s parents, and any other person as directed by the court. The petition must state why removal will serve the child’s best interests. If the petitioner is one of the child’s parents, they must also demonstrate their ability to assume and carry out everyday parental responsibilities. If the court decides that the petition should be granted, it will issue a Decree and Order of Termination of Guardianship on the Petition for Removal, including its findings. The Decree and Order will direct the clerk to send notice to all interested parties and to any agencies or departments that have been providing services to the child under a guardianship order. Once the order is final, the guardian will no longer have authority over the child or any property belonging to the child.
1. File a Petition for Removal
The first step in removing a guardian is to file a Petition for Removal with the probate & and family court in the county where the child resides. The petition must state why removal would serve the child’s best interests and must be served on the minor, current guardian, child’s parents, and any other person as directed by the court. If the child is 14 years of age or older, they must also sign the petition. Once the petition is filed, the court will set a hearing date and notify all parties involved. At the hearing, the petitioner must present evidence to support their claim that removing the guardian is in the child’s best interests. The court will then decide based on the evidence presented. If removal is granted, the court will appoint a new guardian.
2. Serve Notice of Hearing
If you have filed a Petition for Removal of a Guardian in Massachusetts, the next step is to notify all interested parties of the hearing. The notice must include the hearing’s date, time, and location and must be served at least ten days before the hearing date. Once everyone has been properly notified, you can proceed with your case. If you need help serving notice or preparing for your hearing, an experienced attorney can assist you. Contact Sawin Law, P.C. at (781) 713-1212 to request a free 30-minute phone consultation.
3. Attend Hearing
The petitioner (the person seeking to remove the guardian) must first attend a hearing and present evidence as to why the removal is in the child’s best interests. If the petitioner is one of the child’s parents, they must also demonstrate their ability to assume and carry out everyday parental responsibilities. After considering all evidence presented, if the court decides that removal is in the child’s best interests, it will issue a Decree and Order of Termination of Guardianship on the Petition for Removal, including its findings. In some cases, the court may appoint a new guardian for the child if it finds that removal is in the child’s best interests.
Removing a guardian in Massachusetts is an intricate process requiring thoughtful consideration and legal counsel. It begins with filing a Petition for Removal with the probate & and family court in the county where the child resides, which must state why removal is necessary to serve the child’s best interests. This petition must be served on all interested parties, and the petitioner will need to attend a hearing to present evidence as to why removal is in the child’s best interests. After considering all evidence presented, if the court decides that removal is necessary, it will issue a Decree and Order of Termination of Guardianship on the Petition for Removal, including its findings. Suppose you are considering filing a petition for removing a guardian in Massachusetts. In that case, speaking with an experienced attorney who can help you navigate the process and protect your rights is crucial. At Sawin Law, P.C., we understand how overwhelming this process can be and offer free consultations to discuss your needs. Don’t hesitate to call us today for advice and guidance; we are here to help!
