Legal Question in Family Law in Massachusetts
Joint legal custody
My situation is a complicated one. I need to know which has more bearing in the mass court of law. A Joint Legal Custody order or a guardianship? Where would I find the answer for this? I just found out that after 12 years, that I still have Joint Legal custody of my 12 year old daughter. Who resided with her father until 9 years ago. Her aunt has retained temporary guardianship back in 1996. According to what I read in the mass general laws, temporary guardianship does not take away a parents rights, and it can be revoked? is this true?
I would explain more, but it is so complicated and I just want to know if I have the right to get my daughter back. If I still have Joint legal custody and her father gave up his rights, can I go and get my daughter? or do I need to go through court?
2 Answers from Attorneys
Re: Joint legal custody
Ty to your question lies in the process followed in the guardianship; ie were your rights properly terminated and how. If the current order was only a temporary guardianship it in all likelihood has expired. As to where the child should reside this is complicated by many factors, I would strongly urge you seek legal counsel in the jurisdiction which issued the temporary guardianship. I would not take any action to obtain "custody" of the child without seeking legal advise.
Re: Joint legal custody
Indeed a complicated question.
There should have been some attempt at notice, either directly or through publicatioon.
Your legal status did not change or does not change either until you cede it or a court takes it away.
I would suggest that you retain an attorney to investigate the pleadings filed in the guardianship matter and speak to the temporary guardian in your behalf.
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