Legal Question in Family Law in Massachusetts

legal custody of grandson

have custody of grandson two yrs ago i let him live with mom he started to get into trouble ended up in ME. courts. but now in drug court. has been sent to a place a few times 2 days the frist time a week the third time i went up to ME. when he went to court in sept. ? the judge was going to do what he wanted to do , because it was his state. i found a good program for him in RI, i live in mass. i all so have ins. to cover him . in ME. do not have many programs or no moneyfor them. as far as my daughter this is not about her feelings or mine, it's whats right for t. i have been through alot in my time an know what would be best before we can not do anything . can you give me some advice? i can not afford a lawyer at this time. thank you l


Asked on 11/11/08, 9:58 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: legal custody of grandson

You gave up your legal guardianship de facto when you allowed this. You are in derogation of your duties. The Maine court has the powers it proclaims, and you have arguably failed in a court-imposed trust by sending him back to his mother.

By doing so, you also created jurisdiction in Maine. Indeed, the Maine courts can now, in theory at least, terminate the guardianship based on the facts you have stated.

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Answered on 11/12/08, 5:16 pm


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