IF YOU
REPRESENT
YOURSELF
IN A
GUARDIANSHIP
OF A
MINOR CASE
READ THIS
WRITTEN BY THE BOSTON BAR ASSOCIATION
PUBLISHED BY THE BOSTON BAR FOUNDATION
rL
CONTENTS OF THIS BOOKLET
o What is Guardianship of a Minor?
Page 3
o
Who Can file For Guardianship?
Page 3
o
How to File and Serve a Guardianship Petition
Page 4
o
How to File An Appearance to Object to the
Guardianship
Page 7
o
How to Obtain or Remove A Temporary Guardian
Page 7
o
Emergency Motions
Page 9
o
How to Obtain Permanent Guardianship
Page 10
o
Checklist for Party Filing for Guardianship
Page 11
o
Checklist for Party Served With a Guardianship Petition Page 12
o
Sample Forms
Page 13
I
,
I
1
1
Many guardianship cases arise where the parents are unfit or unable to
carry out their duties as parents and the child does not have any real
estate, bank accounts or other property. In many cases, no one, except
perhaps one of the parents has obtained a Court order for custody of
the child. This booklet is intended for such cases.
This booklet and its forms are only directed to parties in guardianship
cases which do NOT involve children who have property. If the child
has real estate, bank accounts or anything else of substantial value, the
person filing for guardianship must obtain a "surety" on a bond. Such
a case is beyond the scope of this booklet.
1
An explanation of the "Standby and Emergency Guardianship" law
which may be useful in planning for the needs of children of terminally
ill parents or in medical emergencies is not included and is beyond the
scope of this booklet. The forms and procedures for use of this law are
NOT included in this booklet.
2
GENERAL INFORMATION
ABOUT GUARDIANSHIP
WHAT IS GUARDIANSHIP OF A MINOR?
A child's parents are usually the child's legal guardians. The Probate
and Family Court can also appoint a legal guardian for a minor child
under the age of eighteen. A child's legal guardian has the right to make
all decisions about the child's care and custody. This includes deciding
where the child lives, attends school, or receives medical care.
The child is sometimes referred to as the ward in a guardianship case.
A person who appears before a Judge without an attorney is called a
"pro se" (pronounced "pro say") party.
WHO CAN FILE FOR GUARDIANSHIP OF A MINOR?
The law allows any person to ask to be appointed guardian of a minor
child, with or without the consent of the child's parents, if the parents
are "unfit" to have custody of the child.
If a parent is "unfit," this means he or she is unable to carry out his or
her duties as a parent. This includes situations where a parent has
abandoned the child and placed the child in your care. Likewise, in
some cases, a parent may have personal problems which make him or
her unable to care for and raise the child.
In addition, the parents may agree that you should be appointed guardian
of the child. If so, the parents can indicate they agree by signing the
Guardianship of Minor r'petition form. A child who is fourteen (14)
years of age or older may ask the Court to appoint you as his or her
guardian by "nominating" you as the guardian before a Notary Public
who will also sign the Guardianship of Minor r'petitionrrform.
Guardianship petition forms are available at the Probate and Family
Court. Sample forms are included in this booklet.
3
FILING AND SERVING THE
GUARDIANSHIP OF MINOR PETITION
STEP 1
Filing
the
Petition
You must fill out and file the Guardianship of Minor
petition form in the Probate and Family Court in the
county where the child resides. Also, you must file an
Affidavit Disclosing Care and Custody Proceedings
form indicating which, if any, Courts have entered
custody orders for the child or have cases pending
involving the child.
If the parents agree that you should be the guardian, be
certain to have the parents sign their names on the
Guardianship of Minor petition. Likewise, if the child
is fourteen (14) years of age or older, he or she should
"nominate" you as Guardian before a Notary Public,
who will sign the form to show that the child agrees that
you should be his or her guardian. If the parents do not
sign the form, or the child, if he or she is age fourteen
(14) or older, does not "nominate" you in front of a
Notary Public, the case is more complicated and will
require publication of a legal notice in the newspaper
and certified mail to interested parties.
Waiver of
FW
You may file an "Affidavit of lndigency" form to ask
that the Court let you file the petition for free, and that
the Commonwealth pay for the cost of having notice of
the filing of the guardianship case published in the
newspaper. This newspaper publication will be required
if the parents did NOT sign the petition or a child, age
fourteen (14) or older, did not "nominate" you as
guardian, indicating that they all agree that you should
be the child's guardian.
You should file the "Affidavit of Indigency 'Iat the same
time that you file the Guardianship of Minor petition
and only if you receive public assistance or cannot
afford to pay these expenses.
4
STEP 2
Filing
a
Bond
Form
You must file a Bond form with your Guardianship of
Minor petition which indicates if the child has any
real estate or other property. The purpose of posting a
bond is to protect the child's assets.
If the child does not have property, you should check off
If Without Sureties I f on the Bond form and ask the clerk
to file your Bond "Without Sureties. I' This means that
no one else other than the person filing to be the
guardian needs to sign the form. A sample Bond form
for a child with no assets is on page 16.
If the child has real estate or other property, your
situation is beyond the scope of this booklet. It is
advisable that you consult an attorney.
STEP 3
Geta
Docket
Number
STEP 4
Serve
BY
Certified
Mail
After you have filed the Guardian of Minor petition,
Affidavit Disclosing Care and Custody Proceedings
form and the Bond form, you will receive a Docket
Number for your case which you should write down
because it is used to identify and find your Court file.
Whenever you go to Court, have the Docket number
with you; put it on any papers that you file in Court.
Skip this Step and Step 5 and 6 if the parents signed
the Guardianshippetition and the child, if age 14
or older "nominated" you as guardian in front of
a Notary Public. When you file the petition form, you
should obtain a Notice of Guardianship form (also
called a "citation") UNLESS the parents gave their
"assent" by signing the petition AND the child, if he
or she is over age fourteen (14), ."nominated" you as
the guardian as indicated by a Notary Public signature
on the Guardianship petition which you filed in Court.
5
STEP 4
NOTICE BY CERTIFIED MAIL (Continued)
The Notice of Guardianship form will indicate a date
by which the parents and any interested party must file
a written "Appearance" form in Court if they object to
the guardianship. This is called a "return date."
If the parents did not sign the petition, or a child, age
fourteen (14) or older, did not "nominate" you, you
must mail a COPY of the Notice of Guardianship form
by certified mail, at least fourteen (14)days before
the "return date" to the parents, to the child if he or
she is over the age of fourteen (14), to any person
who has a Court order of custody for the child, and
to any person the child lives with.
Be sure to mail a COPY of the Notice of Guardianship
form instead of the OFUGINAL Notice of Guardianship
form because you will have to return the ORIGINAL
form to Court.
Step 5
Publish
In
Newspaper
If
Letter@)
Not
Picked
UP
Unless the parents and the child, if he or she is age
fourteen (14) or older, sign for the certified mail OR
file an "Appearance" form in Court, you must publish
the Notice of Guardianship form in the newspaper at
least seven (7) days before the "return date" which is
the date by which other parties must file a written
"Appearance" form if they object. If you do not meet
the deadline and are late in giving notice, you will have
to give notice all over again. To avoid problems, mail
out the copy of the Notice of Guardianship form and
arrange to publish it in the newspaper before the "return
date."
Be sure that you give the newspaper a COPY of the
Notice of Guardianship form. You must return the
ORIGINAL Notice of Guardianship form to the Court.
6
STEP 6
File
Proof
of
Service
After the notice is published in the newspaper, you
should tear out the page with the notice for your case
from the newspaper to prove that the notice was really
published. You should, also, get receipts for the certified
mail. You must file the receipts for the certified mail
and the newspaper page in Court.
In addition, you must fill out, sign, and file the "Return
of Service" part of the ORIGINAL Notice of
Guardianship form and file it in Court swearing that
notice was mailed and/ or published as required by
the Court. A sample "Return of Service" for a Notice
of Guardianship is included in this booklet.
FILE AN APPEARANCE
IF YOU OBJECT TO THE GUARDIANSHIP
If you are a parent and receive a Notice of Guardianship, it is advisable
that you seek advice from an attorney. If you object to the Court
appointing a guardian for your child, you must file a written
"Appearance" form to object to the guardianship by the "return date"
listed in the Notice of Guardianship and send a copy to the other party.
A sample Appearance form is included in this booklet.
HOW TO OBTAIN OR
REMOVE A TEMPORARY GUARDIAN
The Judge can enter an order for temporary guardianship after the
guardianship case is filed in Court. To obtain a temporary guardianship
order, you must file a motion form requesting temporary guardianship.
If you are a parent and a temporary guardianship was entered which you
object to, you can file a motion to remove the Court appointed guardian.
All motions must be filed in Court with a proposed order which tells the
Judge what you want ordered. Sample motions and proposed orders are
included in this booklet. When you file the motion and proposed order
in Court, you can get a hearing date from the Court. The other parties
must be given copies of the motion and proposed order with notice of the
hearing date. Blank motion forms are available at the Court.
7
TEMPORARY'GUARDIANSHIP (Continued)
You are required to give the parents, the child, if age fourteen (14)
or older, any person who has a Court order of custody for the child
and any person who lives with the child, advance notice, in writing,
of the date, time and place of the hearing with copies of any motions
and other papers which you file in Court. If you "serve" the motion,
proposed order and other papers by mail, the papers must be mailed at
least 10 days prior to the hearing. If you hand-deliver the motion before
4:OO p.m. (instead of mailing it), 7 days notice is adequate. If notice of
a hearing or copies are not properly served, the Judge usually will not
hear the motion.
If you or the other parties have trouble speaking or understanding
English, or are in need of a Sign Language interpreter, ask for an
interpreter through the Register's Office as soon as you know your
hearing date. Opposing parties are not allowed to interpret for each
other. If an interpreter is not present at the hearing, the Judge may
postpone the hearing to a time when an interpreter is available.
WHAT HAPPENS WHEN YOU SEE THE JUDGE
Dress in a way that shows respect for the Court. Avoid wearing jeans,
T-shirts, tank tops, or cut-off shirts. Be sure to arrive on time. If you
do not appear, the Judge can enter orders which you may not agree with.
The Judge is called "Your Honor." Listen carefully to the Judge's
questions. Talk to the Judge in a way that gets to the point and is clear.
Tell the Judge exactly why you want guardianship, or why you oppose
it. Usually, the party who filed the motion speaks first and then any
other party is given a chance to reply. Wait until it is your turn to
speak, and do not interrupt the other party or the Judge.
The Judge can order guardianship of the child even if a parent does not
agree if the Judge decides that such an order is in the child's best
interests and there is clear and convincing proof that the parents are not
fit to care for the child. The Judge may tell you what is ordered before
you leave the Courtroom. If the Judge takes your case "under
advisement," this means that the Judge wants more time to decide the
case. The Court will mail you a copy of the decision once it is made.
8
.
EmRGENCY MOTIONS
Id
ccsc
If an emergency arises, you are permitted to seek an emergency order of
temporary guardianship without notice to the parents or other parties, but
there must be EXTREME CIRCUMSTANCES and VERY GOOD
REASONS why you are unable to give notice of the hearing. To obtain
such an order, you must file a motion for temporary guardianship with
an ffaffidavitf'
(a sworn written statement) explaining why you should be
appointed guardian without notice and a proposed order which tells the
Judge what you want ordered by the Court.
NOTIFYING THE PARENTS AND CHILD OF TEMPORARY
GUARDIANSHIP ORDERS
If the parents did NOT sign the petition, or a child who is age fourteen
(14) or older did not "nominate" you in front of a Notary Public, Probate
Court Rule 29B requires that the person who was appointed temporary
guardian give notice in writing within three (3) days of the temporary
guardianship order to the parents, a child who is age fourteen (14) or
older, any person with a Court order for custody of the child and anyone
who lives with the child. The appointed guardian must file an "Affidavit
of Notice Under Rule 29B" with the Court swearing that he or she gave
written notice of the temporary order to the parents, a child age fourteen
(14) or older and any other interested parties.
I
A sample Affidavit of Notice Under Rule 29B which can be mailed or
hand-delivered to the parents, a child over fourteen (14) or other parties
is included in this booklet.
HOW LONG DOES A TEMPORARY ORDER LAST?
The Court can enter an order for temporary guardianship for a period up
to ninety (90) days. A party must file a Motion to renew the temporary
guardianship order if the temporary order will expire before the hearing
on "Permanent" guardianship.
9
!
',
HOW TO OBTAIN "PERMANENT"GUARDIANSHIP
In order to obtain "permanent" Guardianship, you must request a hearing
date from the clerk of the Probate and Family Court.
SHORT PROCEDURE
CASES WITH "ASSENT" BY PARENTS AND CHILD OVER 14
If the parents signed the petition AND the child, if he or she is age
fourteen (14) or older "nominated" you on the petition, which shows
they agree to your appointment as guardian, you can ask the Court clerk
to schedule a hearing for "permanent guardianship" when you file the
petition. You then must appear on the hearing date and ask the Judge to
appoint you the "permanent guardian. You should be prepared to
explain your relationship with the child and why you should have
guardianship. If the Judge finds that your request is in the child's best
interest, he or she will enter an order for permanent guardianship.
'I
LONGPROCEDURE
CASES WITHOUT AGREEMENT
You must ask the Court clerk to schedule the case for a trial on whether
you should be the child's "permanent" guardian. If the parents did not
sign the guardianship petition, or a child over age fourteen (14) did not
nominate you, the hearing for "permanent" guardianship will not be
scheduled until you send out the required notice by certified mail,
publish it in the newspaper if required and file your "Return of Service"
with the Court. The hearing for "permanent" guardianship will be
scheduled after the "return date" when the parents or other interested
parties must file an Appearance form if they object.
You should appear at the hearing and be prepared to tell the Judge what
you want ordered by the Court and why. Get your papers in order so
you can find them easily while you are in court. It is very important
that you consult with and obtain an attorney before any hearing if
you have not reached an agreement with the other parties in the case.
Rules of evidence apply at trials. The Judge is not required to consider
evidence you may think is important if you do not follow the rules of
evidence in presenting the evidence.
10
CHECKLIST FOR A PARTY
FILING FOR GUARDIANSHIP
Court cases are serious; consult with and get lawyer if possible. File:
-Guardianship of Minor (Without Sureties) petition and if possible,
have parents sign, AND have the child "nominate'' you (before a Notary
who signs the petition) if the child is age fourteen (14) or older.
- Affidavit Disclosing Care and Custody Proceedings form
- Bond form (Without Sureties)
File Affidavit of Indigency if the parents or child over 14 did not sign
petition (or nominate you) and you cannot afford to publish the notice.
Obtain Notice of Guardianship form. If the parents did not sign the
petition or a child over 14 did not nominate you, "serve" the papers
sending a COPY of it by certified mail to: 1) the parents; 2) the child,
if age 14 or older; 3) any person who lives with the child; 4) any
person with a custody order for the child; if any of these parties do not
pick up the certified mail, you must publish a COPY of the Notice of
Guardianship in the newspaper.
File proof of service. Sign and fill out "Return of Service" part of
ORIGINAL Notice of Guardianship form and return it to Court with
the certified mail receipts and the newspaper page if it was published.
File motion for temporary guardianship and proposed order, get hearing
date, serve parties copies of motion, proposed order, hearing date notice.
Get your papers in order so it is easy to find them while in court; gather
documents, records, witnesses, other proof that parents are "unfit" and
that it is in child's best interest that you be guardian.
Prepare for motion hearings and attend motion hearings:
- Find your Courtroom and check in with the Courtroom Clerk.
- File documents with ClerW give other party a copy.
- Go to the Family Service Office if referred there.
- Get copy of any agreement you sign and copy of Court order.
- Serve parent, child over 14 and any interested parties with notice of
order and file "Rule 29B Affidavit of Notice." (See booklet sample).
Request, prepare for, appear at hearing on Permanent Guardianship.
Tell the Court why guardianship is in child's best interests & present
proof parents are unfit if parents and/ or child over age 14 do not
agree to Guardianship.
11
CHECKLIST FOR A PARTY
OPPOSING OR SERVED WITH GUARDIANSHIP
Read the petition and other papers on file in Court to determine what
the other party is seeking and saying about you.
Court cases are serious; consult with and get a lawyer if possible.
If you object to the Guardianship, file an "Appearance"form by the
"return date" listed on the Notice of Guardianship.
You can file a written "Opposition"if you object to the Guardianship
petition or any motion for a temporary Guardianship order.
[I
If the other party obtained temporary guardianship without notice to
you or you want the temporary guardian removed before the hearing on
permanent guardianship, you can file a motion and proposed order,
obtain a hearing date, serve other party with copy of motion, proposed
order and notice of hearing date. See sample Motion To Remove A
Temporary Guardian.
If you object to the Guardianship, gather documents, records, witnesses
and other proof that you are a "fit" parent and that it is in the child's
best interest that you keep or have custody returned to you.
Prepare for any hearing. Know child's date of birth and be prepared
to talk about your fitness as a parent. Get your papers in order so you
can find them easily if you need them while you are in court.
Attend any hearing:
- Find your Courtroom.
- Check in with the Courtroom clerk.
- File documents with Clerk/ give other party a copy.
- Go to the Family Service Office if referred there.
- Get a copy of any agreement you sign.
- Tell the Court what you want ordered and why.
- Get copy of Court order.
Prepare for and appear at any hearing for Permanent Guardianship.
Tell Court why you are fit for custody and why it is in child's best
interest that you have custody; present proof of what you say.
12
SAMPLE COURT FORMS, MOTIONS, AITIDAVITS
FOR A PARTY SEEKING GUARDIANSHIP
.
GUARDIANSHIP OF MINOR "WITHOUT SURETIES" PETITION
.
AFFIDAVIT DISCLOSING CARE AND CUSTODY PROCEEDINGS
,
BOND "WITHOUT SURETIES" FORM
.
RETURN OF SERVICE FOR NOTICE OF GUARDIANSHIP FORM
(Used only if parents did not sign petition, or child age 14 or older did
not nominate you).
.
SAMPLE PROPOSED TEMPORARY ORDER
.
MOTION FOR TEMPORARY GUARDIANSHIP
.
AFFIDAVIT IN SUPPORT OF TEMPORARY GUARDIANSHIP
. RULE 29B NOTICE OF TEMPORARY GUARDIANSHIP
(Used to give notice of entry of a temporary guardianship order)
FOR A PARTY OPPOSING GUARDIANSHIP
.
APPEARANCE (FILED TO OPPOSE GUARDIANSHIP)
MOTION TO REMOVE TEMPORARY GUARDIAN
I
I
THESE SAMPLE FORMS ARE INCLUDED AS A PUBLIC
SERVICE AND DO NOT CONSTITUTE LEGAL. ADVICE AS TO
WHETHER IT IS ADVISABLE TO FILE A COMPLAINT FOR
GUARDIANSHIP, AN APPEARANCE OR THESE TYPES OF
MOTIONS AND FORMS. LEGAL, ADVICE CAN Oh!LY BE
G I E N TO YOU BY YOUR AiTORNEY AND DECISIONS ABOUT
WHATLEGALACTION SHOULD BE TAKEN WILL DEPEND ON
THE FACTS RELATING TO YOU, OTHER PARTIES AND THE
CHILD or CHILDREN.
I'
13
SAMPLE GUARDIANSHIP OF MINOR COMPLAINT
If parents assent, have them sign this form. If child is age fourteen
(14) or older, have the child "nominate"you in front of a Notary
Public and the Notary Public Will sign the form too.
FILL I N OF C O W WERE
* THE COURT I S LOCATED.
ASK CLERK IF YOU DO NOT
KNOW I T .
4
Commonwealth of Massachusetts
me Trial Court
Probate and Family Court Department
c O y ~ t YDlvlrlon
-
Guardlanshlp of M i n o r m Without
- Sureties
-
FILL IN YOUR
DOCKET MIEIBER.
THE CLERK WILL
GIVE YOU THIS NUMBER.
4
No.
Cross
Out
"With"
for f (2)
each
child
f3'
'If the petilioner is an agency then only one ward is permittedon each petilion. Eachward must have the Same
. mother and lather to be listed on the same petition.
Listthena~sofparenls,ifknorm,othemisenamegrandparents,sisteffi.
brothers,aun!s,or undes(whoareover18):
Name
flaaldsnce
Relationshlp
;eft=
C r p u I P t , 14
Nonfa:uc,
U
'
2'Jill,
one
hurnr
Trrrc-e
, ~ A . ~ I ~~\n
I oI t h c R 4
.\r,,,<=
, km&du
, m~
...
-
p i l l in"mother"
FatL,r$pill
'cfiqqv
in
idarb- no1 - entiiled to benefis, estale, or income paid or payable by or through Ihe United Sfales
eterans Admlnistration. w c a r t i f y lhat h e ward's estate
does not exceed $100.00.
appliee
- ws -
cusg
-
WHEREFORE, the petitioner(s)pfay(s) that shepdy -orsome othersuilableperson-be appointedIheguardian
minow- and the estale -with
-@-without
surely on the bond the parenl(s) being unfil.
Date F i k w u V a , 1996 ~ e -&,-&a
CROSS OUT "WITH"
and
s i g n 2
T
-
lsbuhn.
d pCUmdll11
Of
Ws2ml(211
Nomlnalion of Ward(*)
Then personalty appeared
( P R I M rumddiwrm)l
minor(s) being above the age of fourteenyears.who nominate(s)
lo be hiYhBrilheir guardian.
IPAINl rum6 d mmhwl
Y
- M ly Commission Expires
,'M""
rd.d
,---
Beforeme.
_-
-3
Parental Assent
e. the surviving parenl(s)%-of
Date Fb~reyl.l?lL
the minor hereby assent(s)to the granting of the foregoing petilion.
U
OECREE
rsons interested havingb e e n notified in amrdanm with the law or having assented and no objections being
made thereto,
itlsdecreedthat
of
be w i n l e d
~
the above. named mincr(s).first Q'Mngbond with
0It is turther ordered
-
guardian-with custody 01 Ihe person- and 01 the estate - 0 1
surelies for the due performance 01 the trust.
:,... ,, :;..:,:.
Date
14
.'
'Ifather"
? <
AFFIDAVIT DISCLOSING CARE AND
CUSTODY PROCEEDINGS
You must list the name of the county where the Court is located. If
you do not know this, you can ask a clerk at the Courthouse.
M
IHE PARTY
Y OT
L-"
OI
*-tm
vuor* r l l l w m
FILING THIS AFFIDAVIT MUST FURNISH A COPY OF I1 TO ALL OTHER PARTIES TO THIS ACTION.
UIm WIMA
15
B
O
m FORM
This sample is for cases where the child has no assets.
FILL I N THE NAME OF
OF THE COUNTY WHERE
F I L L I N YOUR
DOCKET NLlMBER
Commonwealth of Massachusetts
Is
J.
The Trlal Court
Probate and Famlly Court Department
Dlvlslon
(
Bond of
GuacddAe ef
MhR
Docket No.
\1
4
(Check "without"
and w r i t e "none" f o r
v a l u e of p r o p e r t y i f chi'Ld
) with Personal Surety has no p r o p e r t y )
% ) without L(
(
( l y p 01 liduciary)
( I n s e r t C h i l d ' s Name)
b.nt*q"c
Name of Estate
Y(I6M'L,
Tr
( I n s e r t Nameand Addressof Fiduciary n r v v ufb#n
your
name
6
Estimated Real Estate
Nobe
Penal Sum of Bond, (if applicable)
C n r t l r CIWL ,
r&
-7
/Estimated
Personal Estate
F1.
tptkp W Y C Y ,
N afia
address)
GUWclLAh/
I, We, the undersigned fiduciary accept appointment as
and stand bound - in the aforesaid penal sum -with the undersigned surely or sureties -(if applicable) to per.
form the statutory conditions 01 said bond and declare the above estimate to be lo my -our best knowledge and
beliel.
SIGN YOUR NAME
Lbru-
(Today's
date)
21, \'IS6
%//
Sigffilure 01 Fiduciary' - PrinEpal
/
(complete below only i f lhis is a bond with personal sureties)
We, the undersigned, as sureties, stand bound jointly and severally in the aforesaid penal sum to perform Ihe
statutory condition.
Personal Surety's Name and Address
Signature
Personal Surety's Name and Address
Signature
The above sureties are in my opinion sufficient.
mice
Signature
City or Town
(complete below only if this is a Surety Company Bond)
We, the undersigned surety company, a corporation duly organized by law under the state of
and having a usual place of business in
(Mkuachurata addrau)
stand bound as surety, in the aforesaid penal sum, lo perform the statutory condition.
,
by
Cwporala Surety (nsms)
signat~raand niis
19-
, ss.
examined and approved.
Justic~Asslslant.Aeglster-olThe Probate and Family Court
w-P26(1/89)
16
NOTICE OF GUARDIlwSHlP WITH
RETURN OF SERVICE
You only receive this form if the parents did not sign the petition or,
if a child, age fourteen (14) or older did not "nominate" you as
the guardian before a notary public. The "Return of Senice" must
be filled in on the ORIGINAL Notice of Guardianship form and filed
in Court.
[ T h e form you r e c e i v e w i l l i n d i c a t e w h i c h n e w s p a p e r must b e u s e d t o p u b l i s h t h e n o t i c e
a n d w i l l i n d i c a t e a " r e t u r n d a t e " f o r our c a s e
Your C o u n t y W i l l
Be L i s t e d
y
n
t
COMMONXALTH 6
4MASSACHUSETTS
THE TRIAL COURT
T H E P R O B A T E A N D FAMILY COURT DEPARTyV€rN~ocket Number
Be
Listed
y
Dxkel
Division
NOTICE
GUARDIANSHIP. MlSOR W
.
OF
m
h'3 96p0001
- WITHOUT SURETIES
NOTICE
To all pcnons inreresled in Romeo f 4 o n t a n u e Jr.
, I minor
in u i d County
COURT
A pctition har b x n prelented in the 8 b o v c u p t i o m d rmltcr praying that
w i t h c u s t o d y , w i t h o u t g i v i n g 8 d-
-
PART
nary Nontague
_____
- -
If you desire IO object to Ihe aUowmcc of u i d petition. you or your aPorncy
THE
coun at
m u 1 file a wrilitn a p p r n ~ in
t
uid%E
k r c h 8, 1996
on or before
"RETURN 1
DATE"
, Esquire. Fvtt Jutice of u i d Coun at
OF
NOTICE
, l h e b d a y a f -
B E L O W - L h the y u r of our Lord one thousand nine hundred end
r I . -
Donna E l e c t e d
O m L R of MOTlCE
If u ordersd that notice of u i d p r d i k~ dvm by d e l i m i n i or d l m # by n$htercd or cerlified mail e mpy of the
a t k u l bdm
f m p i n i d u t i o n to .U penam i o t d foufism d l y
uld mrn dry and, U&
k mde bymdrc.rod o r d d mil. u n k u it t h r l l a p p u r that dl pcnoru inmured
hvc rcctivd mud o a t h . by publLhLy a copy Uwmfoncc io Ibc A
'
'
: PLnrwLwrprprr
,the publish
, e necrrppcr published in
k bc m (I)day, et kaa kforc d d mum &)5 and h h f&
ordmd !hat mliec thereof k # h n by delimini
or d l i a i by mgisirred or d d d l e copy Lhmof to the United S u t a Vaentu' Adminiamtion fourma
b y a1 l a i t More uld murn day.
"""'3
PUBLISH
WITNESS,
Sheila
2nd
Z. J u d m
hY
of
, Esquire, Fint J d a of uid Caq chb
, 19 3.6
February
RETURN Of SERVICE
I hereby certify under the p c d h of perjury Lhrl I tun rmd lhc foremini a u l i o n by
7
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s
e
r
t
i
f
i
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-
a
o n F c b r u a r v 4.
D a i l y P l a n e t s News-
nship
11.
i a o ~
I
SAMPLE PROPOSED TEMPORARY ORDER
If you file a motion for a temporary guardianship, a motion to remove
a temporary guardian, or any other motion for temporary orders, you
must file a proposed temporary order which tells the Court what you
want the Court order to say.
COMMONWEALTH OF MASSACHUSETTS
THE TRLAL COURT
PROBATE AND FAMLY COURT DEPARTMENT
Fill in your docket riumber
Fill in name of the county
where the court is located
JI
[County], ss
GUARDIANSHIP OF
JOHN DOE JR.
Docket No. 98PO0076
PROPOSED TEMPORARY ORDER
Until further order of the Court, it is ordered that:
Jane Doe is appointed temporary guardian of John Doe Jr. born July 4, 1997 for a
period of ninety days to May 8, 1998.
Submitted by:
Date: February 6, 1998
23 SUMY Street
Anywhere, MA 12345
(0 12) 345-6789
Certificate of Service
I certify that on February 6, 1998, I mailed a copy of the above proposed order to
John Doe at 14 Red Street, Newtown, MA 56789 and to Janice Doe at 15 Blue
Street, Oldtown, MA 12345.
18
MOTION FOR TEMPORARY GUARDIANSHIP
If you file a motion, you must file a proposed temporary order which
tells the Court what you want the Court order to say. See page 18 for
an example of a proposed order.
Fill In che Name
of cha Councy mere t h e
C o u r t i s Locaced
[Councyl
Dlvlslon
Y O U MUSC
c>
In Re:
You Muac Ptll In
Your Docket Number
Commonwealth of Massachusetts
The Trlal Court
Probate and Family Court Oeparlment
-
No.
Docket
J.
MOTION FOR
G u a r d i a n h i p of
Temporary G u a r d i a n s h i p
V.
(Name of C h i l d )
Now comes
(Your Name)
, Ihe ~ U p e t l l i o n e r i r e 4 g e a c l o o l .
inm.3 01 mwxlpvnl
in this action who moves lhls Honorable Court as Iollaws:
That I be x r a n c e d CemPorarY custody
of (Name o f C h i l d ) p e n d i n g a h e a r i n g o n my P e t i t i o n for Permanent G u a r d i a n s h i p .
AS r e a s o n s f o r my a p p o i n t m e n t . 1 s c a c e t h e f o l l o v i n x :
( S c a c e che f a c t s r e g a r d i n g
che c h i l d ' s l i f e , a g e r e s i d e n c e , who t h e c h i l d is c u r r e n t l y l i v i n g w i t h , y o u r
r e l a c i o n s h i p co c h e c h i l d , what t h e c u r r e n t problem is, and why
c u s t o d y of t h e c h i l d .
shauld have
YOU
(Yau c a n a c c a c h scacemencs from c h e r a p i s c s , d o c c o r s ,
t e a c h e r s , c h e Oepartmenc of S o c i a l S e w i c e s (USS). etc t o v e r i f y your s t a t e m e n t s .
SIGN HERE
I
I/
Iw"at"r.1
/
The within motion is hereby
ALLOWED -DENIED.
Princ Your Name ( N e a t l y
P r i n c Your Screec A d d r e s s
am Fvrvly Cavn
is Readat
h*
l a m~ R U I
Princ Your C i t v . S c a c e . ZiuCade +,
ronWl-1
J u s t a 01 I1u P-l.
so i t
lPRlNT nzrn.)
Tel. NO.
111a1.1
$:(![%
I I I O meat
L i s c Your Phone Number
Date:
Today's Date
NOTICE OF HEARING*
(Fill in l o c a c i o n of Court
This Motion will be heard at the Probate and Family Court in
)
IWhl
on (Fill in d a c e o f h e a r i n % ) *
at ( F i l l in Time o f . H e a r i n g )
~~
lmnWal.riv*Ul
~
111111 01 h*Mn)l
CERTIFICATE OF SERVICE
I hereby certity that I have served a copy 01 this motion upon'
*
*You o b c a i n c h e d a c e , t i m e
a n d p l a c e of h e a r i n g from
che C l e r k .
F i l l in Mocher a n d F a c h e r ' s names a n d a d d r e s s e s and che name a n d a d d r e s s of c h e
inam. 01 oany and m.u rn NM am a m r m 01 a n m y o( r
md
. -8
zlrw
wnvw w t
d r g md.1
c h i l d . if c h e c h i l d is a g e f o u r c e c n ( 1 4 ) o r o l d e r .
-
by nDace You Mail T h i s eo che
P a r t i e s l i s c e d Above
(date 01 maw1
I.
2.
-mailing
(postage paid) on
ida,.d*Vt
SIGN HERE
1lglalW.l
lNSTRUCTlONS
GEnRnU. ltler 10 MasS.R.CiV.PJMaSI.R.~m.Rel.P.6 and 7: PrMlate Covn Rules 6. 29. and 290.
I1 the o w s i n g party is rewesentm by an anomy who has 11Im an a w a i a w e . snwrs 01 thts m i i o n
a-04ca IIWI
19
be mads on ine anwney.
*
AFFIDAVIT IN SUPPORT OF TEMPORARY GUARDIANSHIP
COMMONWEALTH OF MASShCHUSETTS
THE TRIhL COURT
PROBATE iiND FAMILY COURT DEPARTMENT
[ Y o u m u s t fill i n
your docket n u m b e r J
[You m u s t f i l l i n t h e
of the county where the
P r o b a t e and Pamfly C o u r t
ia l o c a t e d ]
rime
L
J/
[ County1 Divis ion
Docket No. 96P0001
1
GUARDIANSHIP
OF
ROMEO MONTAGE J R .
)
1
I
AFFIDAVIT IN
SUPPORT OB MOTION
FOR EXERGENCY
TPIPOFARY GUARDIANSHIP
I, Mary Montague, swear that:
1. I am the paternal grandmother of Romeo Montague Jr.,
age 10, born July 4, 1985. My grandson has been living
with me since August, 1995. My son, Romeo Montague, left
my grandson with me in August, 1995 and asked me to take
custody of Romeo Jr., after the child's mother, Juliette
Capulet checked into a drug rehabilitation center.
2.
I am moving to Boston, MA next month and I cannot
enroll my grandson in a new school unless I am his legal
guardian. Also, I need an order for guardianship so that
I can authorize medical care for my grandson.
3.
My grandson's facher, Romeo has a history of
psychiatric problems, inclucling suicide attempts as well
as a history of alcohol abuse. I have seen him drunk
almost daily during the past week. Today he threatened
to take my grandson out of school and to move to Alaska
with him. My grandsonJs mother called me today and asked
me to get a custody order because she fears for my
grandson's safety because he told her that he plans to take
the child from school and move to Alaska.
SIGNED UNDER PENALTIES OF PERJURY.
fla+
Date: February 2, 1996
r ? 4 y
Mary Montggue
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of this
Affidavit upon Romeo Montague, 2 Villa Terrace, Sometown,
MA 09999 and Juliette Capulet, 14 Rome Avenue, Venice, MA
01111 3y maiiing (postage prepaid) on February 2 , 1996.
20
<?
RULE 29B NOTICE OF TEMPORARY GUARDIANSHIP
You must give notice of any temporary guardianship order to the
parents of the child, the child if age fourteen (14) or older, any
person who has an order of custody of the child, and anyone who
lives with the child.
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
PROBATE AND FAMILY COURT DEPARTMENT
[You m u s t f i l l i n
[You m u f i t f i l l i n the
name of the county where t h e
Probate and Family Court
is l o c a t e d ]
y o u r d o c k e t numberl
4
d
Docket No. 96POOO1
[County] Division
GUARDIANSHIP
OF
ROMEO MONTAGUE JR.
)
1
)
1
AFPIDAVIT OF
OF NOTICE
UNDER RULE 2 9 8
As required by the Probate Rules, I have given notice by
mail (postage prepaid) to the following persons:
YOU MUST LIST
THE NAWES AND
ADDRESSES OF
T!JE PARWTS
AND ANY OTHER
PARTIES AND
SEND THEM A
COPY
iN-
ADDRESS
RELATIONSHIP
Mother
Juliette Capulet 14 Rome Ave, Venice, MA 01111
Romeo.Montague, 2 Villa Terrace, Sometown, MA 09999 Father
of my apointment a8 temporary guardian of Romeo Montague Jr
by mailing a copy of this notice to the above parties at
the addresses listed above.
I swear under penalties of perjury that these statements
are true to the best of my knowlege and belief.
Date:
&ig/,,a,iIr%
MARY MCMTAGUE
6 Castle Avenue
Forentine, MA 0 4 4 4 4
v
(617)111-1111
21
A~PEARANCEFORM
_... ..
.. ..
A
PLEASE PRINT
COMMONWEALTH OF
MASSACHUSETTS
ThelMalCourt
Probate and F d y Caurt
Department
DIVISION
No.
% PO0 I
Eatate of
22
%
..:
.
MOTION TO REMOVE TEMPORARY GUARDIAN
If you file a motion, you must file a proposed temporary order which
tells the Court what you want the Court order to say. For an example,
see the proposed order on page 18.
23
GET HELP FROM AN ATTORNEY
Generally, it is not a good idea to represent yourself. In any legal case, it is
advisable to get advice and representation from an attorney.
LEGAL RESOURCES FOR LOW INCOME PARTIES
If your Probate and Family Court has a "Lawyer for the Day" program, you
may be able to get free help in filling out forms at the Courthouse.
The Department of Revenue (DOR), the state's child support agency, may be
able to help a parent obtain child support. Custodial parents who receive public
assistance automatically get free DOR services. Other parents can get
applications for DOR services at the Courthouse, or by calling 1-800-332-2733.
If you have trouble affording an attorney, some private attorneys may be willing
to put you on a payment plan. Also, you may be eligible for free or reduced
fee services from legal services programs and bar associations in your
community if your income is very low. Some local programs are listed below.
LRgal Services Program Referrals for Low Income Parties:
Legal Advocacy &Resource Center: (Boston) (617) 742-9170/1-800-342-LAWS
Community Legal Services & Counseling Center: (Cambridge) (617) 661-1010
Greater Boston Legal Services: (Boston) (617) 371-1234
Merrimack Valley Legal Services: (Lowe11)(978) 458-14651 1-800-336-2262
South Middlesex Legal Services: (Framingham) (508) 620- 1830
Volunteer Lawyers Project of the Boston Bar Association: (617) 423-0648
Reduced Fee Referrals for Low Income Parties: Ask for "reducedfee" panel
r
Boston Bar Association Lawyer Referral: (Boston) (617) 742-0625
Massachusetts Bar Lawyer Referral Service: (617) 654-04001 1-800-392-6164
Middlesex County Bar Association Legal Clinic: (Cambridge) (617) 494-4150
National Lawyers Guild: (Boston) (617) 227-7008
I
1
~
1
~
THIS BOOKLET IS PROVIDED TO YOU AS A PUBLIC
SERVICE AND DOES NOT CONSTITUTE LEGAL ADVICE
WHICH CAN ONLY BE GJYEN TO YOU BY YOUR
ATTORNEY. THIS BOOKLET RELATES ONLY TO TIIE
MASSACHUSETTS LAWS AND RULES IN EFFECT AS OF
FEBRUARY 6, 1998.