Legal Question in Family Law in Massachusetts

Re: guardianship

It depends on the scope of the guardianship, Usually few to none, except that the parent can seek a change in the guardianship should the circumstances or the desire changes.

Re: guardianship

The Court defines the rights of visitation and obligations of support if it has found a parent to be unfit. Those rights are all determined by asking, "What is in the best interest of the children?"

If guardianship has been given in an uncontested situation (you assented), you have not been explicitly found "unfit" (unable to care for the children), unless the Court made an express finding of fact. Thus, you certainly can petition for termination of the guardianship. In that case, the "proponent" of guardianship must affirmatively prove you unfit to maintain the guardianship -- as a matter of Constitutional law.

If you have already been found unfit, that finding can be seen as providing the basis of an opposition to terminate the guardianship, but the guardian still must prove you unfit at the present time.

In essence, you always have the right to seek termination of the guardianship.

If you are parents jointly seeking to terminate the guardianship, it is most likely best to have two separate attorneys.