Legal Question in Wills and Trusts in Massachusetts

i have had gardianship of my nephew for six months now his father and grandfather want to come to mass in augest to court to try to bring him back hom to gorgia can they do that


Asked on 7/14/10, 1:17 pm

2 Answers from Attorneys

Alexandra Golden Golden Law Center

They cannot take him anywhere without your permission or a court order. They will have the burden of showing the court that the move is in the child's best interest. You can show otherwise by establishing the child's relationship with you and with the community. The court will probably appoint a guardian ad litem to review the situation and make recommendations to the judge. Cooperate with the GAL -- don't badmouth the father, but show how what you do helps the child and what would be lost if he was removed from your custody.

Good luck.

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Answered on 7/14/10, 5:22 pm

They can petition for guardianship, but until they get either your permission or a court order they cannot take the child.

I recommend you retain counsel. They court will appoint a guardian ad litem to determine what is in the best interest of the child. You should seek to have that cost paid by the father and grandfather.

Also, if the father is not paying child support, that matter should be raised as well.

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Answered on 7/15/10, 8:13 am


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