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My sister-in-law has Guardianship of my daughters.

Asked over 2 years ago - Boston, MA

My sister-in-law has Guardianship of my daughters, they are both going through some emotional dilemma's and my-sister-law is putting up road blocks as far as my helping.

As their mother, what are my rights and as the Guardian what type of "shots" can be called?

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Attorney answers (2)

E. Alexandra Golden

Reputation Level 15

Answered about 2 years ago. Guardianship Law Attorney in Needham, MA.

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It sounds like your relationship with your sister-in-law is difficult. Before you resort to the courts, try a softer approach. If your children currently receive services from DFS (formerly DSS), contact their caseworker and discuss your concerns and desire to help. Otherwise, see if there is an intermediary -- a pastor, school counselor, a wise and trusted mutual friend or relative -- who can reach out to your sister-in-law and perhaps broker a meeting.

Going to court should be the option of last resort and used only if you can show that your sister-in-law's actions are causing your children actual harm. Remember that the judge gave custody of your children to your sister-in-law for a reason, so you will need to be able to convince the judge that you are not there because your nose is out-of-joint.

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Sam Schoenfeld

Reputation Level 11

Answered about 2 years ago. Guardianship Law Attorney in Canton, MA.

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I agree with Attorney Golden that you should begin with a soft approach as a judge agreed to give a guardianship to your sister in law for a reason.

Your rights as the mother are first determined by any order accompanying the granting of the guardianship. If there is no such order, the guardian is bound to act in the best interests of the children as she sees fit. If you disagree with actions taken by the guardian, you could file papers with the probate court specifiying exactly how the guardian is not acting in their best interest. However, you must be careful because if the guardianship is dissolved and you are not able to care for the children, you may end up sending them to DCF!

This could be a complicated situation, particularly if the reason for the guardainship was your conduct. Again, the soft approach is the one to try first.

Wallace Law Office, P.C

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