Changing a guardianship of a child

The law in Massachusetts says that a change can be made for anything that is in the best interests of the child. See M.G.L. c. 190B, §5-212-(a). 

The 2 most common changes to a guardianship are:

1. A change in visitation between a parent and child. 
2. A change in child support that a parents pays to a guardian.

A change can also be about ending the guardianship. See How to end guardianship of a child.

Visitation / Parenting Time

A guardianship can have a schedule for visitation or parenting time. A guardian, parent, or child over 14 years old may ask the court to change or add a visitation schedule.

For example: 

There is a guardianship because a parent had substance abuse issues. A relative is the guardian and is taking care of the child. When the guardianship was made, the court ordered that the parent could only see the child in a supervised center because they were not sober. That parent has now been sober for several months. They may ask the court to change the order so they can have unsupervised parenting time.

Child Support

A guardianship can also make a parent pay child support to the guardian. It doesn’t matter if child support was included in the original guardianship. A guardian, parent, or child over 14 years old may ask the court to add or change the child support.

Child support in Massachusetts is based on a set of guidelines and a formula to calculate how much a parent may need to pay to another parent or guardian. See how to fill out the child support guidelines worksheet.

But the court can decide to use a different amount for child support if there is a good reason it should be different from the guidelines. There are many different reasons why the court could choose a different amount for child support. See Findings and Determinations for Child Support, Page 3.

To ask for a change, you need to file these documents:

1. A Complaint for Modification tells the court what you want changed and why you think it should change. 
2. A Military Affidavit tells the court if any of the parties involved in the case are in active military service, and
3. An Affidavit Disclosing Care and Custody tells the court about any other court cases involving the child in the guardianship.

After a Complaint for Modification is filed, the person or “party” who filed must give “notice to interested parties.” This means that the person asking for a change needs to give a copy of the Complaint to anyone involved in the guardianship case. Usually, they need to give copies to the guardian, the child (if they are 14 or older), and the parent(s). Ask your Registry of the Probate and Family Court how to give the parties notice when you file. A party may need to “serve” or give a copy directly to these people through a sheriff or constable. See Mass. R. Dom. Rel. P. 4.

The cost to serve someone through a sheriff or constable is different in each county. This amount can be from $35.00 to $55.00 per person. If you can’t afford to pay for service, file an Affidavit of indigency if you can't afford Massachusetts court costs to ask the court to cover the cost for you.

Massachusetts law does not have a specific “standard of proof.” This means there are not specific things a person needs to show to change a guardianship. But the court has a standard for other cases that are like this. For example: when a parent wants to change the custody of a child. In those cases, the person asking for a change must show that:

1. There has been a “material change in circumstances.” This means that a big change has happened since the court made the first order, and
2. That it is in the child’s best interest to change the order.

Based on that, a court wants to see that there has been an important change. They also want to see that because of this change, it is in the child’s best interest to make changes to the guardianship.

For example: 

There is a guardianship because a parent is living with an abusive partner. A relative is the guardian and is taking care of the child. When the guardianship was made, the court ordered that the parent could only see the child in a supervised center because it was not safe for the child to be in the parent’s house. That parent has now moved out and got a restraining order. They may ask the court to change the order so they can have unsupervised parenting time.

The parent needs to show that they are living in a safe place and their abusive partner will not be present. Because of that, it’s a good thing for their child to spend more time with them. Showing a new lease and the restraining order is a good way to do that. Also telling the court how unsupervised time would improve their relationship with their child.

If you are a parent asking to change the visitation plan in a guardianship, you may have the right to a court-appointed lawyer. For more information and to learn if you qualify, see The right to a court-appointed lawyer in a guardianship case.