Legal Question in Family Law in Massachusetts
Legal guardianship
My child is 13 yrs of age. The school system in my Massachusetts district has gotten poor, so I want to send her to a different school and I have done so this school year. She is staying with her teacher, so that she can attend this school in another district of MA which is 30 mins away from me. The problem is that her teacher has to have temp. guardianship to continue going to the school, and I am fine with that but my ex-husband,her father, who lives in another state (VA), will not sign the paperwork to give her(the teacher) temp. guardianship of our daughter. We both share custody but, it has always been something verbal, not anything written because he provides care for her and she visits him time to time in Virginia or when he comes to MA. I want to know is there something that can be done. I really want my child to go to this school and in order for her to remain there, she needs her father to sign those papers so that her teacher gets temp. custody of her.Please help
2 Answers from Attorneys
Re: Legal guardianship
Your issue is complicated and something that cannot be adviced via posted message. Your intention of giving guardianship to a teacher needs serious thought and research. I strongly suggest you hire an attorney to assist you in this matter. My initial consult is free and you are welcome to call me at 978-794-0695. Please seriously consider consulting with an attorney on this matter, whether it be someone else or me. Sincerely, Maria Murber
Re: Legal guardianship
Your facts are confusing. It appears that you and your husband were divorced, but the only provision for custody was joint? Or joint legal, but physical to you? Was there an agreement for the divorce? What does the agreement say about issues that come up after the divorce is final?
If you want to compel him to agree, you will have to take him back to court to modify the divorce order. You will have to convince the judge that what you are proposing is in the child's best interest (and may be technically illegal). The judge might appoint a guardian ad litem to investigate the teacher and determine if it is in the child's best interest.
Note also that you cannot give anyone legal guardianship over your child. Only a court can do that, and only a court can undo it. You should have a lawyer look at this whole scheme, because you can get into trouble, especially if a problem develops. 508-755-1538
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