Either of the parents of the child, the child in the guardianship if they are at least 14 years old, or any person interested in the child’s welfare can ask the court to replace a guardian.

If you are a parent, you can ask the guardian to resign and to elect a new guardian to take their place. For more information, see Resignation of a guardian.

If the guardian refuses, the parent, the child if they are over 14, or another person can ask the court to replace the guardian.

Yes. The guardian will need to fill out a Petition to Resign as Guardian of a Minor. The petition requires the guardian to agree that:

1. They are the guardian of the child.
2. The guardian wants to resign, and either:
   1. The guardian thinks that the parent is able to care for their child again, so the child should be returned, OR
   2. The guardian thinks someone else should be appointed as a new guardian for the child.

If the guardian thinks someone else should be appointed, they can suggest who they think would be a good guardian for the child. Even if the guardian thinks someone else would be a better guardian, they do not have to suggest a specific person.

Once the guardian completes this petition, they will need to file it with the court and send copies to the parents of the child, and the child if they are over 14 years old. After everyone has received a copy, the court will set a hearing date to discuss the petition.

If the guardian refuses to end the guardianship, you can file a Petition for Removal of Guardian of Minor Pursuant to G.L. c. 190B, §5-212. The petition asks you to state:

1. Who you are, and what your relationship is to the child under the guardianship,
2. Who the guardian is of the child,
3. Why you are asking the court to remove the guardian, and
4. If you would like a new guardian to be appointed, who that person is

The form allows you to request a new guardian be appointed, but you are not required to fill this out.

Once you complete the petition, you will need to file it with the court and send copies to the guardian, child if they are over 14 years old, and the parent or parents. After everyone has received a copy, the court will set a hearing date to discuss the petition. 

The judge will want to hear from the guardian and the parent/parents of the child. The judge is looking to understand why the current guardian is no longer able to serve in that position and why someone else will need to be appointed as a guardian.

The judge will start by hearing from whoever filed the petition to remove the guardian and why they are asking the court to do that. For example, if the parent filed the petition, they may explain to the court that the current guardian is experiencing a long-term illness and no longer able to care for the child.

The judge will next hear from the party that did not file the petition. The person who did not file the petition can either agree or disagree with what the petition says. For example, if the parent accused the guardian of drug or alcohol abuse that would make them unable to be a guardian, the guardian may argue that they do not have a substance use problem and are still able to be a guardian.

The judge will listen to both the petition and non-petitioner, and may also hear from any attorney appointed for the child in the guardianship or the Department of Children and Families (DCF) if they have an open case.

No. A parent who wants the guardianship to continue with a different guardian in place does not have the right to a court-appointed attorney.