Westborough Guardianship Lawyer

The process of obtaining guardianship rights in the state of Massachusetts can be highly nuanced and complex. If you are trying to become the legal guardian of a child, our Westborough guardianship lawyers can help you through this process.

Because our firm has over 35 combined years of exclusive family law experience, we know how to manage your case from beginning to end effectively. O’Connor Family Law can provide an initial evaluation of your case and advise you on whether you may be eligible to pursue guardianship of a child you care about.

Situations that May Warrant a Petition for Guardianship in Westborough

There are numerous circumstances in which filing a petition for guardianship of a minor may be advisable. Generally, a guardianship is sought when there is a concern that the parents are unable to care for a child properly.  Othertimes, child protective services (Department of Children and Families “DCF”) may have become involved and suggested a guardianship be entered to avoid DCF taking the children. Another reason a guardianship may be sought is when a child loses one or both of their parents and needs someone to take care of them rather than becoming wards of the state. One of our extraordinary Westborough attorneys can determine if an individual may be eligible to seek guardianship over a child based on the facts of their particular situation.

There are a variety of duties that may be required of someone acting in a guardianship capacity. For instance, a legal guardian may be privy to make decisions regarding where their dependent lives or their emergency and long-term healthcare choices. By becoming a guardian, you are taking responsibility to provide for that child’s needs, both emotionally and physically.

Guardianship vs. Conservatorship

Individuals who seek to establish guardianship frequently request conservatorship at the same time. However, it is important to understand that the rights afforded to guardians and conservators are separate. A conservator is someone who acts in the interests of another while making decisions regarding the protected person’s financial and business matters and the management of their property. If there are substantial finances involved, a bond may be required when obtaining conservatorship.

Alternatively, guardians are responsible for making choices regarding the child’s private, schooling, and health.

Filing to Become a Legal Guardian in Westborough

State law does not require the individual requesting guardianship to be a blood relative of the child. Still, the individual petitioning for guardianship must be a legal adult and capable of assuming the rights of a guardian according to a judge. It is important to note that multiple petitioners may be granted guardianship of the same person.  Guardianships are often sought because of an emergent need.  With the initial filing, a motion for temporary guardianship can be filed as well to get your case before the judge Our Westborough lawyers can help a person submit all required documents for obtaining guardianship.

Contesting a Guardianship of a Minor

If you are a parent and someone is seeking guardianship of your child or children, you have the right to object to it if you do not agree that you are unable to properly care for your children.  You will need to show that you are able to care for your children both emotionally and physically.  If the guardianship is awarded over your objection, you want to ensure that you have a pathway to be able to have custody returned to you in the shortest amount of time possible and that you have parenting time so you can continue to have a relationship with your children while they are in the care of someone else.  If a guardianship of your children is awarded, there is a possibility that you could have to pay child support to the guardians while they are caring for your child.

Speak with Our Westborough Guardianship Attorneys

Becoming a child’s legal guardian can be a rewarding experience. However, there can be many frustrations involved in this process. Our Westborough guardianship lawyers can provide legal support throughout this process and help you fully understand the rights and responsibilities you would be assuming. Call O’Connor Family Law today to discuss your case with one of our dedicated team members.

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