Temporary guardianship of a child

1. First you need to file documents to ask the court to start a guardianship case. See “What forms do I file?” Fill out these documents and bring them to the Probate and Family Court in the county where the child lives. Hand them to the clerk at the registry.
2. Once these documents are filed with the court, every party needs to get a copy of the petition. You may need a sheriff to “serve” or hand the papers to the other people in the case. In some counties, any adult can serve the papers, or you can mail copies to everyone instead. Check with the registry of the Probate and Family Court in your county. See the court’s chart with instructions.
3. After everyone gets the petition, the guardianship case starts.

You need to file these forms to ask the court to start a guardianship case:

1. Petition for Appointment of Guardian of Minor. This starts the court case.
2. Affidavit Disclosing Care and Custody. This asks for information about the custody of the child. 
3. Military Affidavit. This asks you to list if you or the parents are now in or were in the military.
4. A fee waiver, called an Affidavit of Indigency If you can’t afford court costs, check if you can get a fee waiver. 
5. Bond. This is a promise to the court that you will carry out the legal duties of a guardian. (For more information, see "What is the bond?")

If the parents of the child agree to your petition to become guardian, file a Notarized Waiver and Consent to Petition for Guardianship of Minor.

If the child is over 14 years old, they can also agree to the guardianship. If the child agrees, file a Notarized and Verified Consent or Nomination by Minor.

You will need to file the documents listed above. And also file a  Verified Motion for Appointment of Temporary Guardian of a Minor.

The court appoints a temporary guardian for a child if the judge believes:

1. A guardian is needed to stop immediate serious harm to a child’s health, safety, or wellbeing, and
2. There is no one else (like a parent or other guardian), who can be responsible for and care for the child.

To read the full law, see: Massachusetts General Law, Chapter 190B, Section 5-204(b).

After you file the motion, you get a court hearing in front of a judge. The court may tell you the date when you file the motion or by sending you a notice in the mail.

The court hearing on a motion to appoint a temporary guardian of a child is usually short. It often only includes the parties. This is usually you and the parents.

If you and the parents agree to the temporary guardianship, the judge grants the motion. This means the judge approves you as the temporary guardian of the child.

If you and the parents don’t agree, you both get a chance to tell the judge what you want. Both sides give the court a summary of what they want to happen. If the judge grants the motion, the Court gives you an Order Appointing Temporary Guardian of a Minor.

A judge can appoint a temporary guardian for up to 90 days. They can also order less than 90 days. They can add more time after the first order ends if there is a good reason.