Navigating the legal system can be overwhelming—especially when you’re trying to do what’s best for the child in your care. At the Commission on the Status of Grandparents Raising Grandchildren, we’re committed to connecting grandfamilies and kin with the most accurate and up-to-date legal resources available in Massachusetts.
Understanding Your Legal Options
Online Resources
These resources are available anytime to help you learn about your rights, connect with services, and understand legal options—all from your own home.
Health Law Advocates—Mental Health Advocacy for Kids
If you are having difficulty accessing mental health services or special education services for your grandchild, you can contact the Mental Health Advocacy for Kids Program at Health Law Advocates. Check the website to see if your community is covered by this program.
MassLegalHelp.org
The Children, Families and Divorce section of this website includes information about child support, custody and visitation, paternity, guardianship, Care and Protection cases and DCF involvement, as well as information about Probate and Family Court. There is also information about forms, applications, and useful brochures and booklets. All information provided is available in multiple languages.
Questions about laws affecting grandfamilies? Contact Your State Legislator
If you have a question or concern about state laws concerning guardianship or other related issues, you can contact your state representative or state senator. Find and reach out to your state senator or representative.
Volunteer Lawyers Project
Free civil legal services for income-eligible individuals in the Greater Boston area. Go to: vlpnet.org
Massachusetts Senior Legal Helpline
The Massachusetts Senior Legal Helpline offers free legal information and referrals to Massachusetts residents age 60+. Run by the Volunteer Lawyers Project, it’s open Monday–Friday, 9AM–12PM.
Lawyer Referral Services
If you need to hire an attorney, many bar associations provide a lawyer referral service. Please note that many of these referrals are income-eligible legal resources. Visit the website for a list of these services and their contact information.
In-Person and Virtual Resources
These resources offer hands-on help if you’re going to court or need one-on-one guidance.
Court Service Centers
Court Service Centers can help people navigate the court system. Centers are available to all court users without lawyers, and there are no income or immigration status requirements. All services in the Court Service Centers are free, but there may be other fees associated with your case, such as filing fees.
Lawyer of the Day (Probate and Family Courts)
If you’re going to court without a lawyer, the Lawyer of the Day program can offer helpful support at select Probate and Family Court locations. Services may include:
- One-on-one consultations to answer your legal questions
- Help filling out and reviewing court paperwork
- General guidance to help you understand the court process
Note: Lawyers in this program do not represent you in court, do not form ongoing attorney-client relationships, and cannot assist individuals who already have a lawyer.
To check if a Lawyer of the Day will be available at your court location on a given day, contact the court directly in advance.
Non-DCF Custody Cases
Custody Options for Grandfamilies
There are four options to consider in Non-Department of Children and Families (DCF) custody cases.
Non-DCF Custody Cases
Taking care of a grandchild can begin informally, but sometimes a more formal arrangement becomes necessary—especially when it comes to making decisions or accessing benefits. It’s important to understand your options if you’re stepping in to care for a child.
Guardianship
One of the most common and practical options for grandparents and relative caregivers is Guardianship. Guardianship gives you the legal authority to make important decisions about your grandchild’s:
- Health and medical care
- Schooling and education
- Day-to-day well-being
This process is handled through the Probate and Family Court in the county where the child lives.
How to File:
- You must demonstrate that the child’s parent(s) are unfit or unavailable to provide care.
- You can file with or without an attorney.
- No filing fee is required for guardianship of a minor in Massachusetts.
- Begin the process
Legal Representation:
- Children are entitled to an attorney, but you must request one.
- Grandparents/relatives may request a court-appointed attorney after two years of custody and with proof of financial need.
What “Permanent” Guardianship Means
After 90 days, you can request “Permanent” guardianship. The court may extend guardianship in 90-day increments or transition to “Permanent.”
- “Permanent” guardianship is not necessarily permanent—a parent can request to regain custody if they show changed circumstances through the court.
As a guardian, you must file an Annual Report with the court each year: Download the form
Adoption
Some grandparents and relative caregivers choose to adopt the child in their care. Adoption gives you the full legal status of a parent—and with it, permanent responsibility for the child.
⚠️ Important to Know:
Adoption is final and cannot be reversed. It terminates the parental rights of the child’s birth parents, which can be an emotional and complex decision.
What’s Involved:
- The adoption process takes place in the Probate and Family Court where the child lives.
- If you don’t have consent from both parents, you must prove to the court that the parent(s) are unfit or unavailable to care for the child.
- Because adoption is a permanent legal change, it is strongly recommended that you work with an attorney to make sure everything is done correctly.
Informal Care
In an informal care arrangement, you are caring for your grandchild or relative’s child without any formal legal custody. This may be a temporary situation, often based on the understanding that the child’s parent(s) will resume care when they are able.
What This Means:
- You are not legally authorized to make important decisions for the child—such as consenting to medical treatment or enrolling them in school.
- If a biological parent decides to take the child back—even if you believe it is unsafe—you do not have the legal right to prevent it.
⚠️ Without a formal custody arrangement, your ability to protect and advocate for the child is limited.
If you’re in this situation and concerned about the child’s well-being or your ability to support them, it may be time to explore formal custody options like Guardianship or Adoption.
Caregiver Authorization Affidavit
If you’re caring for a child without formal custody, there is a non-court option that can help: The Caregiver Authorization Affidavit.
This legal document allows a parent to give you, as a grandparent or relative caregiver, permission to make decisions about the child’s:
- Education
- Medical care
Key Points:
- The parent maintains legal custody of the child.
- The affidavit must be signed and notarized by the parent.
- It is valid for up to 2 years.
- It can be revoked by the parent at any time.
- No court involvement is required.
This is a helpful option if you’re providing care but want limited legal authority without going through the court system.
When the Department of Children and Families (DCF) Is Involved
If the Massachusetts Department of Children and Families (DCF) gains custody of a child through a Care and Protection (C&P) petition, a grandparent or relative may ask to care for the child as a kinship foster parent.
To ensure a safe and stable placement, DCF will:
- Conduct a criminal background check
- Review any history with DCF
- Assess the home for space and safety
Becoming a kinship foster parent can help keep children connected to family, and DCF has a process in place to support relatives through this transition.
What to Expect After Placement
Once your grandchild is placed with you as a kinship foster parent, DCF will provide support to help you in your new role. This includes financial help, legal oversight, and regular contact with social workers.
Financial Support
As a kinship foster parent, you’ll receive:
- Monthly foster care payments (based on the child’s age)
- Automatic MassHealth enrollment for the child
- Quarterly clothing allowances
- Child care assistance (if you’re working)
- Access to programs like the Wonderfund (for enrichment activities and essential items)
Legal Support
DCF’s Care and Protection cases are handled in Juvenile Court. Here’s what you should know:
- DCF, the parents, and the child are each represented by attorneys
- Kinship foster parents are not typically appointed legal counsel
- Court investigators and probation officers will assess and monitor the case
- A Guardian Ad Litem (GAL) may be assigned to represent the child’s best interest
- DCF social workers prepare reports for each court hearing
Social Worker Support
Two DCF social workers will support you and your family:
- A Family Resource Social Worker will guide you through the home study process and provide ongoing support specific to your household
- An Ongoing Social Worker will focus on the child’s well-being, including creating a family service plan and coordinating visits with the biological parents
You can expect monthly home visits and regular check-ins to ensure the placement continues to meet the child’s needs.
Decision Making and Daily Life
While DCF has custody, the agency makes key decisions about:
- Medical care and documentation
- Education (except for IEP decisions)
- Who can supervise or host the child (anyone over age 14 must be approved via background check and, if needed, a home assessment)
Permanency Planning
Every child in DCF custody must have a long-term plan for a safe, stable future. While reunification with the biological parents is typically the goal, DCF may shift that plan to guardianship or adoption if reunification becomes unlikely.
As the kinship foster parent, you’ll be included in these conversations. Your perspective and commitment play a key role in helping DCF determine the best outcome for your grandchild.
Communicating with DCF
As a kinship foster family, you’re considered part of the child’s care team. Ongoing communication with DCF is essential to ensure your grandchild receives the support they need.
- If you have trouble reaching your social worker, contact their supervisor or manager
- Don’t hesitate to speak up—DCF is there to support you
- For emergencies after hours, call the DCF Hotline at 1-800-792-5200
