If you need to care for a child temporarily when the parents cannot, getting temporary guardianship in Massachusetts involves a court process. Here are the basic steps:
File a Petition – The person seeking temporary guardianship files a petition in the probate court or juvenile court in the county where the child lives. The petition explains why guardianship is needed and for how long.
Notify the Parents – The court will order that the parents be notified of the guardianship petition and given a chance to consent or object. Notice is usually sent by mail and/or publication.
Atttend a Hearing – The court will hold a hearing to consider the petition. The parents can attend and give input. The judge will decide if guardianship is in the child’s best interest.
Court Approval – If approved, the judge will issue a temporary guardianship order defining the guardian’s powers and how long guardianship will last (up to one year).
Renewal – To continue temporary guardianship longer, the guardian must file to renew it annually and show ongoing need. Parents get notice of renewal requests.
Changing or Ending Guardianship – The parents or guardian can file to modify or terminate guardianship if circumstances change during the guardianship period.
The petition and forms for temporary guardianship are available from the probate and juvenile courts. There are filing fees, but fee waivers are available for low-income petitioners. The guardianship order gives the temporary guardian authority for school enrollment, medical care, activities, etc. while parents retain their parental rights.