How to File for Guardianship of a Minor in Massachusetts

Before You File

Filing for guardianship of a minor in Massachusetts means petitioning the Probate and Family Court to appoint you as the child's legal guardian under M.G.L. c. 190B. You don't need a lawyer to file, though the process has several mandatory steps that must happen in order. Missing any one of them — the wrong form, incomplete notice, a forgotten affidavit — can delay your hearing by weeks.

Here's the sequence from start to decree.

Step 1: Gather Your Documents

You'll need these forms for your initial filing. All are free downloads from Mass.gov:

• MPC 140 — Petition for Appointment of Guardian of a Minor (this is the main petition; do not use MPC 120, which is for adult incapacitated persons)
• Child Care or Custody Disclosure Affidavit (Trial Court Rule IV) — discloses any prior or pending court cases involving the child
• MPC 801 — Bond of Guardian
• MPC 740 — Proposed Decree and Order of Appointment (the judge signs this if your petition is granted)
• TC0002 — Military Affidavit, when required by Uniform Probate Court Practice XXV
• Certified copy of the child's birth certificate — get this from Vital Records if you don't have one

If the child is 14 or older and wishes to consent or nominate a guardian, they can sign MPC 441 (Consent or Nomination by Minor), which must be notarized. The form is not required solely because of the child's age. If a parent consents, they sign MPC 440 (Notarized Waiver and Consent).

Step 2: File With the Probate Court

For a Probate and Family Court filing, venue is the county where the child resides or, when a parent or guardian nominated a guardian in a will, the county where that will was or could be probated. In District or Juvenile Court, venue is where the underlying proceeding was filed. You have two options:

1. In person or by mail at the Registry of Probate — the clerk assigns a docket number on the spot
2. Online through eFileMA — electronic filing carries a one-time $22 platform fee plus credit card processing; upload MPC 140 first, then the attachments in order

The initial filing fee for a minor guardianship petition is $0. There is no court surcharge. However, you'll pay for citation issuance ($15) and service of process later.

Step 3: Serve Notice on All Required Parties

After you file, the court registry issues an Order and Notice (citation) setting a return date, typically 21 to 45 days out. You must serve copies of the citation and petition on:

• Each living parent whose rights have not been terminated or voluntarily surrendered
• The child, if 14 or older and not the petitioner
• Any person awarded care or custody of the child, anyone alleged to have had primary care or custody, or anyone the child lived with during the previous 60 days
• Any person nominated as guardian by the child or a parent, and any current guardian or conservator
• The child's spouse, if married; if no parent is entitled to notice, adult siblings or, if none, heirs apparent or presumptive
• DCF, if the child is in DCF custody, and the U.S. Veterans Administration, if the child receives its benefits

Known parties generally receive in-hand notice at least 14 days before the hearing, served by a sheriff, deputy sheriff, constable, or another person approved by the court. If in-hand service cannot be completed despite efforts, notice may be left at the person's last and usual residence and mailed by first-class mail at least 14 days before the hearing. DCF and the Veterans Administration, when entitled to notice, receive first-class mail at least 7 days before the hearing.

If a parent cannot be found, you'll need to file a Motion for Service by Alternate Means and Affidavit of Diligent Search (form CJP 31) and, if approved, publish notice in a court-designated local newspaper.

Step 4: Complete Background Screening

As best practice before the hearing, submit CARI/WMS Release Requests (form CJP 34) for all interested parties, guardians, and/or parents. This screens for Massachusetts criminal history records, open warrants, and civil restraining order entries. The court may also order a DCF Central Registry check.

Step 5: Attend the Hearing

The judge's inquiry at the hearing covers:

• Whether proper notice was given to all required parties
• Whether Massachusetts has jurisdiction under M.G.L. c. 209B's home-state, significant-connection, or emergency grounds
• The background screening results
• Whether appointing you as guardian serves the child's best interests

Hearings can be in-person, remote via Zoom, or hybrid under Standing Order 1-26. The citation specifies the format. If you need an interpreter, request one in advance from the registry — the court provides interpreters at no charge.

If the petition is granted, the judge signs the Decree and Order (MPC 740). The Register of Probate then issues Letters of Guardianship after you file your bond.

Step 6: After Appointment

Once appointed, you are the child's legal guardian until the child dies, is adopted, marries, turns 18, or the court terminates the order. You'll need to:

• The initial Letter of Appointment is included with the appointment; each subsequent Letter costs $25. A certified copy of the Decree and Order of Appointment costs $22 — schools, doctors, and insurers will ask for them
• File an Annual Report (MPC 443) on or before one year after the decree, then annually thereafter, as stated in the standard decree
• Check the appointment order before moving the child out of Massachusetts; under M.G.L. c. 190B, § 5-209, the guardian may establish the child's residence inside or outside the Commonwealth if consistent with any court order

The court does not send reminders about annual reports. Mark the date yourself.

Get the Full Roadmap

The filing sequence above covers the core steps, but each one has nuances — fee waivers for low-income petitioners, special rules for incarcerated or missing parents, emergency and temporary orders, and post-appointment obligations that can trip you up if you're not tracking them.

Our Massachusetts Guardianship and Custody Court Process Guide consolidates every form, deadline, and procedural step into one structured reference, with tracking logs for notice delivery, hearing preparation, and annual reporting.

See more Massachusetts guides →