Grandparent Guardianship in Massachusetts: How to Get Legal Custody of Your Grandchild

When Grandparents Step In

A 2019 Massachusetts state estimate put the number at over 10,400 children living without a biological parent and being raised by grandparents or other relative caregivers. Many of these caregivers have looked after a grandchild for months or years before a school principal, pediatrician, or benefits caseworker tells them they need a court order.

The path to legal authority for grandparents in Massachusetts runs through the Probate and Family Court's minor guardianship process under M.G.L. c. 190B.

Can a Grandparent Get Guardianship in Massachusetts?

Yes. A grandparent, like any person interested in the minor's welfare, may petition for appointment as guardian. The court may appoint a person whose appointment would be in the minor's best interest. You file form MPC 140 (Petition for Appointment of Guardian of a Minor) in the Probate and Family Court in the county where the grandchild lives.

The court can appoint you as guardian if:

• Both parents consent to the appointment
• Parental rights have been terminated
• Both parents are deceased
• A prior guardian has died or resigned
• The parents are unavailable or unfit to care for the child

If a parent objects, you bear the burden of showing that the parent is currently unfit and that guardianship serves the child's best interests. Fit parents have a constitutional right to direct the care of their children, and the court takes that seriously.

The Filing Process for Grandparents

1. Assemble your paperwork. You'll need the MPC 140 petition, a Child Care or Custody Disclosure Affidavit (Trial Court Rule IV), form MPC 801 (Bond), MPC 740 (Proposed Decree), a Military Affidavit (TC0002) if required under Uniform Probate Court Practice XXV, and a certified copy of the grandchild's birth certificate.

2. File with the Probate Court. The initial filing fee is $0. File in person at the Registry of Probate, by mail, or electronically through eFileMA (which carries a $22 platform fee).

3. Serve notice. After filing, the court issues a citation with a return date. Living parents whose rights have not been terminated or voluntarily surrendered, and other parties requiring in-hand service, generally must receive the citation and petition at least 14 days before the hearing. A sheriff, deputy sheriff, constable, or another person approved by the court may handle the service. DCF, if it has custody, and the Veterans Administration, if the child receives benefits, receive notice by first-class mail at least 7 days before the hearing.

4. Background screening. As best practice, submit CARI/WMS Release Requests (form CJP 34) for all interested parties, guardians, and/or parents before the hearing.

5. Attend the hearing. The judge verifies proper notice, reviews the screening results, and evaluates whether guardianship is in the grandchild's best interests. If granted, the judge signs the Decree and Order (MPC 740) and the court issues Letters of Guardianship.

When a Parent Is in Rehab, in Prison, or Has Passed Away

Each situation has its own procedural path:

Parent in treatment or rehab: The parent may be willing to consent (MPC 440), which simplifies the hearing considerably. If they're not available to sign, you file and serve notice at the treatment facility.

Parent incarcerated: Incarcerated parents are served in-hand at the correctional facility. Incarceration alone does not terminate parental rights — the parent can still participate in the hearing, and the court may appoint them an attorney if they're indigent.

Parent deceased: Provide a death certificate if available. Any surviving parent whose parental rights have not been terminated or voluntarily surrendered must still receive notice. If both parents are deceased, identify the child's siblings or known adult relatives on MPC 140 and follow the court's notice instructions.

Parent missing: File a Motion for Service by Alternate Means (CJP 31) after documenting your diligent search — checking last known addresses, contacting relatives, searching public records. If approved, the court orders notice by publication in a local newspaper.

Do You Need Guardianship?

Not always. Massachusetts offers lighter-touch options when a parent is cooperating:

• Caregiver Authorization Affidavit (M.G.L. c. 201F): A parent, legal guardian, or legal custodian signs this to delegate school and medical decision-making authority to you. No court filing is required; a notary may charge a fee. Valid for up to two years.
• Temporary Agent Authorization (§ 5-103): A parent or guardian may delegate care, custody, and property powers for up to 60 days by a signed writing attested by two adult witnesses (neither the agent), with the agent's written acceptance. A parent cannot appoint an agent over another known, willing, and able parent without that parent's written consent, or if a court has placed the child in someone else's custody.

The affidavit may be signed by a parent, legal guardian, or legal custodian; the temporary-agent appointment requires a parent or guardian. If no eligible person can authorize an option and no existing appointment or delegation applies, seek court appointment.

Support Along the Way

Massachusetts has free resources for grandparents navigating this process:

• Court Service Centers in major courthouses offer free help with form preparation and procedural questions (they can't give legal advice or represent you in court)
• Massachusetts Kinship Navigator connects relative caregivers to financial, legal, and community services
• Commission on the Status of Grandparents Raising Grandchildren provides support groups and resource guides statewide
• MassLegalHelp offers self-help guides, and legal aid organizations may provide representation to eligible low-income litigants

Our Massachusetts Guardianship and Custody Court Process Guide brings the entire filing sequence together in one structured reference — every form, every deadline, every post-appointment obligation — so you can focus on the grandchild instead of chasing paperwork across multiple state websites.

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