Replacing the guardian of a child

Any of the following people can ask to replace a guardian: 

• 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. 

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

If the guardian refuses, you can ask the court to replace the guardian.

Yes, you will need to go to a court hearing. To learn more, see Resignation of a Guardian.

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

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 want a new guardian to be appointed, who that person is.

The form lets you ask for a specific person to be the new guardian, but you don’t have to fill this out.

Once you finish the petition, you need to file it with the court. You also need to send copies to the guardian, the child if they are over 14 years old, and the parents. You can send the copies by mail, email, or deliver them in person. After everyone gets a copy, the court sets a hearing date to talk about the petition. 

The judge wants to hear from the guardian and the parent/parents of the child. 

The judge starts by hearing from the person who filed the petition to remove the guardian. They want to know why the person is asking the court to do that. For example, if the parent filed the petition, they may explain to the court that the current guardian has a long-term illness and can’t care for the child anymore.

Next, the judge hears from the party that did not file the petition. The person who did not file can either agree or disagree with what the petition says. For example, the parent might file the petition accusing the guardian of drug or alcohol abuse and say they shouldn’t be a guardian. But the guardian may argue that they don’t have a substance use problem and can still be a guardian.

The judge listens to both sides. They may also hear from any lawyer who was appointed for the child in the guardianship. Or from the Department of Children and Families (DCF) if there is an open case.

No. A parent who wants a different guardian doesn’t have the right to a court-appointed lawyer.