Legal Question in Family Law in Massachusetts

? about child custody and acting as an agent

long story short. my niece was w/ grandma out of the state on vacation. when they got back the found that the child father is in jail and will be going to serve time. grandma went to court the same day they came back and then came to see me (i live in same state as minor which is Mass) and had me sign as an agent. I tried to get her to explain things but it all happened so fast. so i signed not knowing what it is. Now grandma lives in maine and I would like to know what i signed and i want minor ro stay w/ me and my family. MA court gave her temp custody for 90 days. i would like custody and i am going to maine to talk to them. tried talking over phone about wanting her with me but they say she is all signed up for school etc etc . my niece was spendign 2 weekends a months with me already because she was only child and her mom is not in the picture. in and out of rehab etc and does nothing w/ family. what should i do? i know my parents are not thrilled that i am in same sex marriage and we had kids since being married but would they keep her from us for that reason? i need advice going there this weekend to talk to them but what did i sign....cant talk to the father at all,,,


Asked on 8/14/08, 2:27 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: ? about child custody and acting as an agent

You need to file your appearance in the Probate Court which is handling the matter. A copy is sent to the prospective guardians. This will give you the right to engage in the case.

I certainly can't tell you what you signed without seeing it.

You should engage an attorney in your area and seek to contest the issue.

The same-sex marriage should not be the major issue here, but no one should fib and tell you that an issue won't be made of it by the proposed permanent guardian. However, the Courts are careful about giving too much concern to that in Massachusetts.

Please feel free to contact me for a consultation.

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Answered on 8/14/08, 4:00 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: ? about child custody and acting as an agent

Not very short.

Sounds like g/mother received a temporary guardianship.

If this is in a Massachusetts court, you should go to court and review the file. This will place you in a better position to get advice. In fact, while in Court make a copy of the file, and bring it to an attorney.

Seek legal advice before you go to Maine. If you need assistance, call me.

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Answered on 8/14/08, 10:35 pm


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