Legal Question in Family Law in Massachusetts
A question
I have a nine month old baby girl who was taken from me in Ma. by my evil aunt. she is my adoptive parent . I am an adult now (22) and I want to know what to do so my sister can adopt my daughter. she lives in a differentstate though and I want my daughter living with her.
1 Answer from Attorneys
Re: A question
I presume that a Probate and Family Court approved your aunt as a guardian for your daughter, based on a finding by clear and convincing evidence that you were not a fit parent at the time. I presume that the court did not agree with your statement that your aunt is "evil."
Your sister can of course petition herself for a change in guardianship, but must show that she is a more appropriate guardian. In essence, she will have to demonstrate that your aunt is herself unfit.
If you are now fit, you can petition to terminate the guardianship. You must do so in Massachusetts, assuming that the child remains here.