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To request to become the guardian of a minor, youll need to file: Petition for Appointment of Guardian of a Minor (MPC 140) Affidavit Disclosing Care and Custody (OCAJ-1) Bond (MPC 801) Either a petition or affidavit:
Is a Stepparent a Legal Guardian? A stepparent is not automatically a legal guardian of their stepchildren. Rights to a child remain with both natural parents after a separation or divorce and are only transferred to a stepparent following legal procedures and in extreme circumstances.
Massachusetts law gives no preference to either parent based on gender. While courts tended to favor mothers in custody decisions in the past, the assumptions that led to those decisions are no longer used in Massachusetts courts.
How to Get Power of Attorney for a Minor. Getting a minor power of attorney is a process that requires the parents consent and commonly may only be used for a temporary amount of time (6 months to 1-year). For any long-term arrangements, the law requires the parents to go to the court and file guardianship papers.
A stepparent may be appointed a legal guardian for the child, but the biological parents are still legally and financially responsible for the children. However, if something were to happen to the parents, there is a bit more legal room for the stepparent to have rights.
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A person seeking to become a guardian of a person in Massachusetts must be at least 18 years old and reside in the United States. The prospective guardian does not need to be related to the respondent (incapacitated person) and more than one guardian can be appointed to serve.
A general rule of thumb may be that a child who is at least 10 years old may be considered mature enough to make this decision, but some older children may not be mature enough to voice their preference clearly or make the court see why they would like to live with one parent over the other.
Massachusettss Laws on Stepparent Rights Some may be legal guardians, while others may not, but so long as a stepparent provides for the physical and emotional needs of a child, they can be considered a de facto parent.

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