Submitted by Hall83 on Sat, 07/24/2010 - 11:21
I live in MA and I'm the permanent guardian of my nephew who is six. My sister, his mother, has been involved with drugs for years. Now she claims she is clean and says she is going to take her child back. Can she really do that given all that she has done and that the child has lived with me for over a year. I know he's usually scared whenever she comes by to visit him, like once every other month. What should I do? She has to go to court right?
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Editor's Response
If the Probate and Family Court appointed you as the permanent guardian of your nephew, the your sister will have to petition the court to regain custody. (She cannot simply take the child.) As in all cases where child custody is at issue, the court will consider all relevant information and try to figure out what is in the best interest of the child. So, for example, the court will look at his current living conditions and also scrutinize the mother's situation. If your sister actually files papers at the court to regain custody, then you should immediately contact a MA family law attorney. He or she will help you organize your opposition and explain, in much more detail, the process and the likely outcome. Good luck.