Massachusetts Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights
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How to fill out Petition Of Minor By Guardian Ad Litem To Be Declared Free From Father's Custody Due To Cruel Treatment - Release Of Parental Rights?
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FAQ
While there is no specific age when judges will consider a child's preference, judges tend to give the opinions of older teenagers more weight. A child below the age of 10 would need to be very mature for a Massachusetts judge to factor the child's preference into a custody decision.
To file for guardianship of a minor in person, you should bring your completed forms to the Probate and Family Court in the county where the child lives, unless there is already an ongoing case involving the child in a Juvenile Court or District Court.
Massachusetts child custody law is determined by the ?best interests of the child? standard. This does not mean that the court picks who is the best parent. Instead, the judge focuses on the child, looks at all the facts, and tries to predict the best outcome despite the difficult circumstances of the divorce.
This means that, as long as the guardianship lasts, the child's parents do not have regular parenting rights. Most of a parent's rights are suspended during a guardianship, and the parent must ask the guardian or the court for permission to spend time with the child or help make decisions for the child.
It's common for parents to ask at what age their child can decide custody. In Massachusetts, children can't "decide" where they will live until they are at least 18 years old. However, Massachusetts courts must consider a child's custodial preference when the child is mature enough to have a rational opinion.
At age 18 in all of the United States, a child can decide not to visit the other parent without consequence to themselves or the favored parent. Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent.
In Massachusetts, a parent can be deemed unfit if they have a history of abuse or neglect towards their child. This can result from physical, emotional, or sexual abuse and neglectful behaviors such as failing to provide for the child's basic needs.
History of crime, violence or substance abuse In extreme cases, a parent who has continually put their child in danger could lose all custodial rights. Parents who make false allegations could lose custody themselves or face other legal repercussions.