Legal Question in Family Law in Massachusetts

Our now 14 year old niece has lived with us in New Hampshire since January 31, 2009. Her parents live in Haverhill, Massachusetts, where they have resided their entire lives. In August, 2010 we filed a Petition for Guardianship of our niece in Massachusetts, We have never had legal or physical custody of our niece until 11/26/2010 - on a Temporary Order. The Massachusetts Courts have rendered Temperary Orders for "parental time" with my nieces parents and a GAL and a GAL with waiver of priviledge. My niece goes to school in Massachusetts, see therapist in MAssachusetts, all of her doctors are in Massachusetts, both GALs are located in Massachusetts, and her insurance through her parents has been MassHealth.

Would MA have jurisdiction over this case? Or would New Hampshire?


Asked on 12/12/10, 9:07 pm

1 Answer from Attorneys

Massachusetts has asserted jurisdiction. Your niece has lived with you up until now with the permission of the Parents and now with temporary permission of the Court. Once you are granted permanent custody and she is then determined to be physically living in NH, I would think from that point forward you could assert that NH has jurisdiction. However, if in awarding you custody the MA court reserves jurisdiction, then that would be definitive and MA would retain jurisdiction. However, I doubt the Court would award you custody and specifically retain jurisdiction.

Good Luck. I assume you have legal counsel and whoever it is would appear to have served you well.

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Answered on 12/18/10, 9:10 am


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