Odenton, MD asked in Family Law and Child Custody for Massachusetts

Q: A minor currently lives with a grandparent. How does grandparent get custody/ secure parent doesn't take kid during proc

During the process of gaining guardianship, what if parent demands kid comes back

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: You would need to obtain Guardianship over the minor via Petition to the Probate & Family Court where there was either a previous divorce or paternity proceeding or where you live if not applicable. If there is an Emergency you would need to also request temporary guardianship and have grounds in a Motion and Affidavit. The parents would need to be notified of the Motion hearing date and if there is an emergency so that advance notice would endanger he child the Court needs to know what the emergency is and can order a short order of notice to the parents.

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