Legal Question in Family Law in Massachusetts
guardianship
on may 30 i was attacked with a pipe and butcher knife by my older son.he went to live with my parents.my younger son who is disabled in the mind and body wanted to go with his dad over night i thought it smelled fishy but i let him go.i told him time and time again do not bring him over to my parents house with his brother there and my mother drinks,he said he wouldn't.my son was brought back the next day only to find out that he never went to my ex's house but my parents and my ex sent my son to their house where my older son was.i do not speak to my parents due to the attack .they seem to think that i must have done something to be brought to the hospital in a neck brace and seizures to cause him to do that.i won't let my son go with his father either anymore.my parents have threatened my son and to tell me that they will kidnapp him anywhere because thay can.victim witness told me to file guardianship papers.he is 18 but not mentally or psychially.he can't make decisions on his own and goes to a special school. because i won't let my son go there or with his fatherhis father wanted to pick him up a couple of weeks ago and i later learned that my parents would have taken him to maine,police said they can do nothing.what doi do?
1 Answer from Attorneys
Re: guardianship
Guardianship of an adult requires a need for the guardianship, usually provided through a doctor's medical certificate of incompetence. Unless a physician will certify this, there is no right to guardianship. If a physician will certify it, then you can seek the guardianship and the right to decide who will have access to your son.
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