Can my sister have temporary guardianship of my son even though she has prior history with DCF?

Asked over 1 year ago - Lynn, MA

My son is at risk of being adopted by his foster family. There was no physical abuse, just somethings that happened at the hospital. I needed to get help with my physcological state. DCF is giving me a real hard time just to return him to me and using my state of mind against me. Although I need some time to get my son back, my sister is a perfect candidate for having temporary guardianship over him. She has 2 children and a husband who works, but does have prior DCF involvement. The case has been closed for a while now. Is she still a good candidate to having temporary guardianship over my son. I don't want my son adopted by strangers, and at the same time, I am working with my son's father who is asking his side of the family as well. Please, I need help. This is my son I'm talking about

Attorney answers (3)

  1. Joseph L. Morana

    Contributor Level 7

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    Answered . I am sorry to hear of your situation. I agree with Attorney Rich, but want to add my thoughts. First, you don't say what sister's involvement with DCF is; this is significant since DCF is most concerned about your son's best interests. If her involvement in any way reflects poorly on her ability to provide a stable and loving home, it would certainly raise a red flag. Next, you did not explain what "sometimes happened at the hospital." This, too, may be a red flag to DCF. Without knowing specifically what happened, neither I nor any guardianship attorney can assess how these events affect your standing with DCF. Lastly--and the most difficult--is a set of questions for you that may be painful to answer (to yourself) honestly...what is the "risk" of your son being adopted by a foster family? Would he live a better, more stable life with that family than with yours? Beside the mere fact that he is your biological son, why do you want to raise him? After reflecting on these three questions, you should be in a better mindset to know what you ought to do for your son's sake. The next step might be to contact an attorney who handles guardianships. Best of luck.

  2. Joshua N Robbins

    Pro

    Contributor Level 16

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    Answered . Yes you may petition the court. You will have a better chance if you work with an attorney.

    I wish you all the best.

    LEGAL DISCLAIMER: I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Waltham.... more
  3. Michael L Rich

    Contributor Level 17

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    Answered . If you are at a point in a care and protection case at which DCF is pressing for adoption by your son's foster parents, you must have an attorney already. You need to work with your attorney, your son's attorney and your son's father's attorney to fight for the family placement you want while also figuring out how to convince the court that your recovery is not so far off that your son must be adopted now.

    DCF can waive the problems with your sister's home study if they want or the judge can give her direct custody over DCF's objection if it is in your son's best interests. But the longer he has been in foster care with this family the less likely that is. It would also help if your sister and her children have had a significant relationship with your son.

    Ask your lawyer for help to try to get the results you want.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this... more
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