Legal Question in Family Law in Massachusetts
Guardianship Termination
I am the paternal grandparent of two minor children living in MA. The maternal grandparents were granted guardianship by the court and they did it in the most underhanded way. Now they are not allowing me to have visits with the children and will not even answer my phone calls so that I can speak to the kids and I do leave messages that are not returned.
Can I file to terminate their guardianship do to the alienation of family members not to mention the bad things that are being said about us, that the children are being encouraged to lie and keep ''stories'' of what goes on in that house? I probably have several other reasons why them continuing to live in that house is not in their best interest. I filed a petition for visitation 4 weeks ago but have not heard anything yet. The court assigned a guardian ad litem and has a trial date in December. I am not a party to that but would like to be. Is there some way I can be heard?
3 Answers from Attorneys
Re: Guardianship Termination
You should obtain an attorney and file a Motion to Intervene. This is not a process to be handled without and attorney's help.
Re: Guardianship Termination
You can always go back to court, assuming you have standing, and challenge the merits of the guardianship.
Re: Guardianship Termination
You can challenge the guardianship and file a Motion to intervene. To do this you should have an attorney assist you.
Depending upon the age of the children their preference will be given some weight by the court. However, it is the best interest of the children that is the primary concern of the Court.
Good Luck.
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