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How do grandparents get custody of their grandchild who is in foster care?

Franklin, MA |

Our daughter lost custody of her 2yo to DCF. We, as her grandparents are more than willing and able to take temporary custody. DCF is dragging their heels and not returning our calls. We want our poor granddaughter out of foster care asap as I am sure it is traumatizing for her. Is their any way we can speed up this lengthy red tape procedure?

Attorney Answers 2

  1. Best answer

    Apply for guardianship. When doing so, you can seek a temporary appointment that is near immediate. No guarantee, though. Judge has to weigh what is on the best interest of the child, not you or parents. Major issue is whether you will enable contact with parents if that has been restricted or eliminated. DCF would have done that for a reason and neither DCF or court will allow you to circumvent that or be enablers for the parents. Parents still have to adhere to DCF service plan.

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

  2. In addition to Attorney Callahan's suggestion, you may want to contact the child's attorney, since it is the attorney's job to advocate for what the child would want

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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