IF YOU REPRESENT YOURSELF IN A GUARDIANSHIP OF A MINOR CASE

READ THIS WRITTEN BY THE BOSTON BAR ASSOCIATION rL PUBLISHED BY THE BOSTON BAR FOUNDATION

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

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.

1 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.

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. 1

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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'petitionrr form.

Guardianship petition forms are available at the Probate and Family Court. Sample forms are included in this booklet.

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FILING AND SERVING THE GUARDIANSHIP OF MINOR PETITION

STEP 1 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.

Filing the Petition

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 F W

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 'I at 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.

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STEP 2

Filing a Bond Form

STEP 3

Geta Docket Number

STEP 4

Serve BY Certified Mail

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 I f 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.

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.

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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.

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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.

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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.

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EmRGENCY MOTIONS

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. Id

NOTIFYING THE PARENTS AND CHILD OF TEMPORARY GUARDIANSHIP ORDERS ccsc

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.

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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.

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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. 'I 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.

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.

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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.

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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.

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.

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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

II 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 WHATLEGAL ACTION SHOULD BE TAKEN WILL DEPEND ON THE FACTS RELATING TO YOU, OTHER PARTIES AND THE CHILD or CHILDREN.

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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 IN YOUR FILL I N OF C O W WERE * THE COURT I S LOCATED. DOCKET MIEIBER.

THE CLERK WILL GIVE YOU T H I S NUMBER.

ASK CLERK IF YOU DO NOT KNOW I T .

4 Commonwealth of Massachusetts me Trial Court 4

c O y ~ t Y Dlvlrlon Probate and Family Court Department No. Guardlanshlp of M i n o r m - Without - Sureties - Cross Out "With"

for f (2) each c h i l d f3'

'If the petilioner is an agency then only one ward is permitted on each petilion. Each ward must have the Same . mother and lather to be listed on the same petition.

Listthena~sofparenls,ifknorm,othemisenamegrandparents,sisteffi. brothers, aun!s,or undes(whoareover 18): Name flaaldsnce Relationshlp

; e f t = CrpuIPt, 14 one hurnr .\r,,,<= , ~ A . ~ I ~ I I ~\n o t h c R 4 p i l l in"mother" Nonfa:uc, 2' Jill, T r r r c - e , km&du , m~ 'cfiqqv

idarb- no1 - entiiled to benefis, estale, or income paid or payable by or through Ihe United Sfales

FatL,r$pill in ' I f a t h e r "

U ' ...

eterans Admlnistration. w c a r t i f y lhat he ward's estate - ws - does not - exceed $100.00.

WHEREFORE, the petitioner(s)pfay(s) that shepdy -orsome othersuilable person-be appointed Ihe guardian appl iee

and Date F i k w u V a , 1996 ~ e - &,,-&a -- CROSS OUT "WITH" minow- and the estale -with cusg -@-without - surely on the bond - the parenl(s) being unfil.

s i g n 2 T d pCUmdll11 lsbuhn. Of Ws2ml(211

Nomlnalion of Ward(*)

(PRIM rumddiwrm)l Then personalty appeared

minor(s) being above the age of fourteenyears. who nominate(s)

IPAINl rum6 d mmhwl Y lo be hiYhBrilheir guardian.

,'M"". rd d l , - - - - Before me. M y Commission Expires

_- -3

Parental Assent e. the surviving parenl(s)%-of the minor hereby assent(s) to the granting of the foregoing petilion.

U Date Fb~reyl.l?lL

OECREE rsons interested having b 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 ~ guardian -with custody - 01 Ihe person - and 01 the estate - 0 1

the above. named mincr(s). first Q'Mng bond with

0 It is turther ordered surelies for the due performance 01 the trust.

:,... ,, :;..:,:. . '

Date

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? <

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.

r l l l w m M Y OT L-" OI *-tm vuor*

IHE PARTY FILING THIS AFFIDAVIT MUST FURNISH A COPY OF I1 TO ALL OTHER PARTIES TO THIS ACTION. UI m WIMA

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BOm FORM

This sample is for cases where the child has no assets.

FILL I N THE NAME OF F I L L I N YOUR OF THE COUNTY WHERE DOCKET NLlMBER

\1 Is Commonwealth of Massachusetts The Trlal Court 4

J. Dlvlslon Probate and Famlly Court Department Docket No.

(Check "without" ( % ) without L( and w r i t e "none" f o r

va lue of property i f chi'Ld ) with Personal Surety has no property) Bond of GuacddAe ef M h R (

( l y p 01 liduciary)

( I n s e r t Chi ld ' s Name)

Name of Estate Y ( I 6 M ' L , b.nt*q"c Tr ( I n s e r t Nameand Addressof Fiduciary n r v v ufb# n y o u r -7 name Estimated Real Estate Nobe /Estimated Personal Estate N afia 6 address)

r& Cnrt lr CI WL , F1. tptkp W Y C Y ,

Penal Sum of Bond, (if applicable)

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

%// Sigffilure 01 Fiduciary' - PrinEpal

(Today's d a t e ) Lbru- 21, \'IS6 /

(complete below only i f lhis is a bond with personal sureties)

statutory condition. We, the undersigned, as sureties, stand bound jointly and severally in the aforesaid penal sum to perform Ihe

Personal Surety's Name and Address

Signature

Personal Surety's Name and Address

Signature

The above sureties are in my opinion sufficient.

City or Town Signature m i c e

(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.

, signat~ra and niis by

Cwporala Surety (nsms)

19- examined and approved. , ss.

w-P 26(1/89) Justic~Asslslant.Aeglster-ol The Probate and Family Court

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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.

[The 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

C O M M O N X A L T H 64 MASSACHUSETTS THE TRIAL COURT

T H E P R O B A T E AND FAMILY COURT DEPARTyV€rN~ocket Number Be Your County W i l l

Be L i s t e d

y n t y Division L i s t e d

D x k e l h'3 96p0001

NOTICE OF GUARDIANSHIP. MlSOR . W m - WITHOUT SURETIES

NOTICE

To all pcnons inreresled in Romeo f4ontanue Jr. in u i d County , I minor

COURT A pctition har b x n prelented in the 8bovcup t iomd rmltcr praying that nary Nontague

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 _____ - - - If you desire IO object to Ihe aUowmcc of u i d petition. you or your aPorncy mu1 file a wrilitn a p p r n ~ t in uid%E coun at on or before k r c h 8, 1996 "RETURN 1

PART

THE

OF NOTICE , l h e b d a y a f - I

DATE" , Esquire. Fvtt Jutice of uid Coun at

B E L O W - L h the y u r of our Lord one thousand nine hundred end -.Ir

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 at k u l bdm

uld mrn dry and, U& k mde bymdrc.rod o r d d mil. u n k u it t h r l l appur that dl pcnoru inmured hvc rcctivd mud oath. by publLhLy a copy Uwmf oncc io Ibc A'': PLnrwLwrprprr

,the publish 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 Suta Vaentu' Adminiamtion fourma b y a1 l a i t More uld murn day.

, Esquire, Fint J d a of uid Caq chb

f m p i n i d u t i o n to .U penam i o t d foufism d l y

, e necrrppcr published in PUBLISH """'3

WITNESS, S h e i l a Z. J u d m hY of February , 19 3.6 2nd

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 , s e r t i f i e - o n F c b r u a r v 4. a n s h i p D a i l y P l a n e t s News- 11. i a o ~

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 name of the county Fill in your docket riumber where the court is located

JI [County], ss Docket No. 98PO0076

GUARDIANSHIP OF PROPOSED TEMPORARY ORDER JOHN DOE JR.

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.

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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.

YOU MUSC Fill In che Name of cha Councy mere t h e C o u r t is Locaced The Trlal Court

Commonwealth of Massachusetts You Muac Ptll In Your Docket Number c > [Councyl Dlvlslon Probate and Family Court Oeparlment Docket No. J.

In Re: G u a r d i a n h i p of MOTION FOR

V. Temporary G u a r d i a n s h i p

(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 mwxl pvnl

in this action who moves lhls Honorable Court as Iollaws: That I be x r a n c e d CemPorarY custody

of (Name of C h i l d ) p e n d i n g a h e a r i n g on 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 : (Scace 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 , your

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 Y O U s h a u l d have

c u s t o d y of t h e c h i l d . (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 to 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 so i t is Readat

Pr inc Your Screec Address h*

lPRlNT nzrn.) // l a m ~ R U I

Princ Your C i t v . Scace. ZiuCade ,+ ronWl-1 111a1.1 I I I O meat

Tel. NO. [(!:$%

Date: T o d a y ' s Date

L i s c Your Phone Number J u s t a 01 I1u P-l. am Fvrvly Cavn

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 ) * ~~ ~

111111 01 h*Mn)l *You o b c a i n c h e d a c e , t i m e and p l a c e of h e a r i n g from che C l e r k .

lmnWal.riv*Ul

CERTIFICATE OF SERVICE I hereby certity that I have served a copy 01 this motion upon'

F i l l in Mocher and F a c h e r ' s names and a d d r e s s e s and che name and 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( rmd 8-. z l r w 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 - -n -mailing (postage paid) on ida,.d*Vt Dace You Mail T h i s eo che

P a r t i e s l i s c e d Above SIGN HERE (date 01 maw1 1lglalW.l

lNSTRUCTlONS I. 2. a-0 4ca IIWI

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 mi ion be mads on ine anwney.

19

AFFIDAVIT IN SUPPORT OF TEMPORARY GUARDIANSHIP

COMMONWEALTH OF MASShCHUSETTS THE TRIhL COURT

PROBATE iiND FAMILY COURT DEPARTMENT

[You m u s t f i l l i n t h e rime 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 ]

[ County1 Divi s ion

GUARDIANSHIP 1 OF ) ROMEO MONTAGE J R . 1

J/

I

[ Y o u m u s t fill i n your docket n u m b e r J

L Docket No. 96P0001

AFFIDAVIT IN

FOR EXERGENCY TPIPOFARY GUARDIANSHIP

SUPPORT OB MOTION

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.

Date: February 2, 1996 fla+ 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.

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< ?

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 muf i t f i l l i n the [You m u s t f i l l i n name of the county where the your docket numberl Probate and Family Court

[County] Division

GUARDIANSHIP ) OF 1 ROMEO MONTAGUE JR. ) OF NOTICE

is l o c a t e d ] 4 Docket No. 96POOO1

d

AFPIDAVIT OF

1 UNDER RULE 2 9 8

As required by the Probate Rules, I have given notice by mail (postage prepaid) to the following persons:

Juliette Capulet 14 Rome Ave, Venice, MA 01111 Mother iN- Romeo.Montague, 2 Villa Terrace, Sometown, MA 09999 Father

PARTIES AND of my apointment a8 temporary guardian of Romeo Montague Jr SEND THEM A by mailing a copy of this notice to the above parties at COPY the addresses listed above.

ADDRESS RELATIONSHIP YOU MUST LIST THE NAWES AND ADDRESSES OF T!JE PARWTS AND ANY OTHER

I swear under penalties of perjury that these statements are true to the best of my knowlege and belief.

Date: &ig/,,a,iIr% v MARY MCMTAGUE

6 Castle Avenue Forentine, MA 0 4 4 4 4 (617) 111-1111

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A~PEARANCE FORM

.. .. A _... .... %:.. .

PLEASE PRINT

COMMONWEALTH OF MASSACHUSETTS

ThelMalCourt Probate and F d y Caurt

Department DIVISION

No. % PO0 I

Eatate of

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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.

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GET HELP FROM AN ATTORNEY

THIS BOOKLET IS PROVIDED TO YOU AS A PUBLIC 1 SERVICE AND DOES NOT CONSTITUTE LEGAL ADVICE

WHICH CAN ONLY BE GJYEN TO YOU BY YOUR ~ ATTORNEY. THIS BOOKLET RELATES ONLY TO TIIE

~ FEBRUARY 6, 1998. 1 MASSACHUSETTS LAWS AND RULES IN EFFECT AS OF

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 "reduced fee" panel 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

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