Legal Question in Family Law in Massachusetts

Re: legal gaurdianship for sister of non-custodial never married father

Neither dyslexia nor adhd is a condition so disabling as to render your brother incapable of handling his own affairs. Any proposal from his ex-girlfriend could be presented by him to an attorney for review, even if he could not afford to have a lawyer represent him through any custody or support procedure.

You do not say how old your brother is, nor if he is working, on SSI or SSDI or paying child support or visiting his son.

I get the impression, and forgive me if I'm wrong, that you are the one who is concerned.

One can sometimes get what is called a "standby" or "springing" guardianship, but it usually involves a person who may lapse into a coma or incompetency, and rarely if ever is applied to a child both of whose parents are alive and involved with the child. The surviving parent normally takes over for the deceased parent. I have never seen a case in which a sibling was appointed guardian for a child both of whose parents are still living, absent a showing of harm to the child or special situation such as both parents being in Iraq at the same time.

Your brother could execute a durable power of attorney that would give you the authority to act on his behalf, even if he became incompetent, and it could be limited to the child's issues. It would be rather peculiar.

If he really is interested in his rights regarding his son, he would have gone to court to acknowledge paternity and arrange to pay child support and get formal visitation. This much is not rocket science. So I am skeptical.

Re: legal gaurdianship for sister of non-custodial never married father

If your brother is concerned about his rights, I strongly suggest that he seek the advice of a domestic relations attorney and establish his paternity rights; and thereafter, establish proper child support and the like.

Neither ADHD or dyslexia equals incompetence in the managing of one's own affairs. However, it is always wise to seek advice of a professional to proceed on these matters.

Sincerely, Maria Murber