Legal Question in Family Law in Massachusetts

Re: Custody of siblings

Without knowing who, how and why the children are being taken away from your mother, it is impossible to offer much help.

If it is DSS removing them after a complaint of abuse or neglect, unless you and/or your brother are involved in the complaint, DSS should try to place the children with you or your brother. You don't say if either of you is married or has experience caring for young children. You also don't say how old your siblings are that are at risk, nor do you explain how this situation developed without your knowing about it.

Either or both of you can apply for guardianship of your siblings, but DSS may intervene and object if they feel you were part of the problem.

You can attend the hearing on whether to remove the children and ask the court to address the issue(s), if your mother is cooperating with you.

If the father is looking for custody, that's a way different battle, and you may not be able to do much, other than testify on behalf of your mother if you can.

Re: Custody of siblings

It sounds like DSS is involved.

Either you or your brother may be able to file for legal guardianship opposed to the state placing the children into foster care (however, the state may be opposed to same and litigate the matter). In addition, you do not mention whether the father of the minor children is involved.

In any event, it seems that this matter is urgent and I suggest you contact an attorney asap so that you can fully disclose any and all the information and documentation pertaining to this matter and move swiftly.

If you are interested in my services, my initial first 1/2 hr consult is free, please feel free to contact me by telephone or email [email protected]. Sincerely, Maria Murber