How do I ask for a lawyer in a case to change or end guardianship of a minor?

First, file papers to change or end the guardianship of the minor. 

Then, file 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.

After you finish the application, file it with the Registry of the Probate and Family Court in your county. To file the application, you can bring it to the courthouse or mail it. 

Before the court appoints you a lawyer, you need to give the court more information.

You need to show the court that:

1. You don’t have enough money to pay for a lawyer and
2. Your case to get custody back has “merit.”

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. Some courts may follow up with you later if they need more information about your income and/or benefits.

You may have to go in front of a judge before the court can appoint you a lawyer, especially if you want to make changes to a guardianship. In a case to end a guardianship, the court usually is able to appoint you a lawyer without you having to go in front of a judge. 

You need to show that your case has “merit.” The court defines merit as a case that is “worthy of being presented to and considered by the court.” For a case to have merit, you need to explain that:

1. There has been some change in your life since the guardian was appointed, and
2. That this change means you can now take on your parental responsibilities.

You don’t need to convince the judge that you should win the case. You only need to give the judge a good reason that the court should think about changing or ending the guardianship. Some examples of positive changes would be:

• You finished drug addiction treatment.
• You have housing.
• You have a regular income.
• You did a parenting class.
• You’re going to counseling or therapy.
• You left an abusive partner or got a restraining order.
• You cooperated with the Department of Children and Families (DCF).
• You are getting therapy to deal with problems you had when the guardianship started.

All these positive changes help the judge to decide if your case has “merit.” You don’t need to show that you have done everything right or are a perfect parent. You only need to show that there is good reason for the court to review your request to change or end the guardianship.

For more information about how the court decides merit, read L.B. v. Chief Justice of the Probate and Family Court.

How do I show the court that my case involves a “substantial change” that affects my parenting?

The court doesn’t have a specific standard, or a list of ways to show that something is a substantial change that affects parenting. But, the court has said that changes to parenting time or child support are big enough changes for a parent to get a court-appointed lawyer.

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.