Yes. Both a temporary and permanent guardianship of a minor can be changed by a court.

The law in Massachusetts states that a change may be made for anything that is in the best interests of the child. See M.G.L. c. 190B, §5-212-(a). A change could be increasing the visitation between the parent and child, decreasing the child support owed to the guardians, or ending the guardianship. For more information on ending a guardianship, see How to end a guardianship of a minor.

The two most common changes to a guardianship are a change in visitation between a parent and child and a change in child support owed by a parent to a guardian.

Visitation / Parenting Time

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

For example, imagine a guardianship where a parent was experiencing substance use disorder. A relative was appointed as a guardian and is now taking care of the children. At the time the guardianship was made, the court may have ordered that the parent could only see their child in a supervised center because they were not sober. If that parent is able to obtain sobriety for several months, they may ask the court for a change to have unsupervised parenting time.

Child Support

A guardianship can also require a parent to pay child support to the guardian. Whether or not child support was included in the original guardianship, a guardian, parent, or child over 14 years old may ask the court to 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 owe to another parent or guardian. See Massachusetts Child Support Guidelines; see also Massachusetts Child Support Guidelines Worksheet.

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

The person asking for the change will need to file the following documents:

1. A Complaint for Modification, or a request that tells the court what you want changed and why you believe it should change. 
2. A Military Affidavit, which 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, which tells the court about any other court cases involving the child in the guardianship.

After a Complaint for Modification is filed, the party who filed must give “notice to interested parties”, meaning that the person requesting a change needs to provide a copy of the Complaint to anyone involved in the guardianship case. Typically, the party needs to notify the guardian(s), a child who is fourteen or older, and the parent(s). A party may need to “serve” or provide a copy directly to these people through a sheriff or constable. See Mass. R. Dom. Rel. P. 4.

The price to serve someone through a sheriff or constable is different in each county. In general, this amount can range from $35.00 to $55.00 per person. If you cannot afford to pay for service, you may file an Affidavit of Indigency to ask the court to cover the cost for you.

Massachusetts law does not have a specific “standard of proof,” or what a person must show the court to change a guardianship. However, the court has a standard for similar types of cases, such as 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,” or a big change that has happened since the court made the first order, and
2. That it would be in the child’s best interest to change the order.

Based on that standard, a court would likely need to see that there has been an important change and, because of this change, it would be in the child’s best interest to change visitation under the guardianship.

For example, imagine a guardianship where a parent was experiencing substance abuse disorder. A relative was appointed as a guardian and is now taking care of their children. At the time the guardianship was made, the court may have ordered that the parent could only see their child in a supervised center because they were not sober. If that parent is able to obtain sobriety, they may want to have unsupervised parenting time.  

The parent would need to show that they are sober and that it would be good for their children to spend more time with the parent. To prove that, a parent may want to show recent clean drug test results or tell the court how having 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 a right to a court appointed attorney. For more information and to learn if you may qualify, see The right to a court-appointed lawyer in guardianship cases.