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How do I ask for a lawyer in a case to appoint a guardian for a minor?

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Community Legal Aid
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Has someone filed to create a guardianship over your child? You have the right to a free lawyer from the court if you don’t have enough money to pay for one.

Your rights as a parent

If your child becomes involved in a guardianship case, the court should tell you that you have the right to a lawyer if you can’t afford one. It is an important time for you to have a lawyer help you. A guardian takes over caring for your child and will be able to make all decisions for the child. If a guardian is appointed, you lose your right to parent your child.

This right is based on the court case called Guardianship of V.V.

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Fill out the application.

To get a court-appointed lawyer, fill out an Application for Appointment of Counsel For Parent of Minor Child Guardianship of Minor. This is sometimes called a Request for Counsel.

The application form asks for your name and contact information. It tells the court that you can’t afford a lawyer and that you want the court to appoint and pay for the lawyer.

Even if the court pays for a lawyer, they will ask you to pay a $150 "counsel fee assessment." If you can’t afford the $150, check the box on the form asking to "waive" the $150 fee. "Waiving" the fee means they won’t make you pay it.

File the application.

After you finish the application, file it with the Registry of the Probate and Family Court in your county. You can file the application by bringing it to the courthouse in person or mailing it.

Fill out the Consent Form.

When you file the application, the court gives you a “Consent Form.” This form is to give the court more information about yourself and to show that you can’t afford a lawyer on your own.

It asks for information about your income and/or benefits you get. It also asks where you live, and other general information about you. The court uses this information to decide if you can afford a lawyer or not.

If they ask you to, go in front of the judge.

Usually, you don’t have to go in front of a judge to get a lawyer from the court when a guardianship of a minor starts. But sometimes the court might ask you to go in front of a judge to ask for more information about if you can afford a lawyer.

The court tells you its decision.

At the hearing, the judge tells you if they approve or deny your request for a court-appointed lawyer.

If the court decides that you are eligible for a court-appointed lawyer, they mail out an order saying you will get one. It may take them some time to appoint a lawyer. If you don’t hear from a lawyer for a long time, contact the court to get an update on when your lawyer will be appointed.

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