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A Guardianship of a Minor is a case
wherein you have a minor child or children living with you and
you are not a parent of the child(ren).
Grandparents, aunts, uncles and friends can file for
guardianship of a minor. The Petition must be filed in the County where the
child is living.
All forms that are linked
below can be filled out by the applicant
on-line. However, the applicant still needs
to print out the form, sign it and then submit it to Plymouth County
Probate and Family Court either by mail or in person.
A helpful guide
for parents living apart has been prepared by The
Massachusetts Association of Family and Conciliation
Courts with the support of the Honorable Sean M. Dunphy,
Chief Justice of the Probate and Family Court. (Click
here)
Here you will find:
What to file:
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No filing fee is required if estate
is under $100.00, otherwise a filing fee of $230.00 is
required. (Payable to “Plymouth Probate Court”.
Bank check or money order is required. No
personal checks are accepted.) |
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A Petition (Click
for form) |
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Bond - (Click
for form) |
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Disclosure of present or
past Public Assistance (Click for
form) |
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Motion for Temporary
Guardianship Page one and Page two -
NOTE: Page two of Motion MUST be printed
on the back of Page one (Click
for Page One of Motion) (Click
for Page Two of Motion) |
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Affidavit to accompany
motion for Temporary Guardianship- (Click
for form) |
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Affidavit Disclosing
Care or Custody of a child, you
MUST file this form. |
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Affidavit
Disclosing Care and Custody (Click for
form) |
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Instructions
for filling out the Affidavit (Click
for form) |
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Petitioner’s
Information Sheet, sometimes
called the CP-2 form – (Click for
form) |
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Guardianship
Information Form – Dept. of
Social Services
(NOTE: this MUST be
printed on Pink Paper. The
second page MUST be printed on the
back of the first page. (Click
for form) |
Where to
file:
All papers above should be filed:
| By
mail to: |
Plymouth County Probate and Family Court |
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ATTN: Probate Department |
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P.O. Box 3640 |
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Plymouth, MA 02361 |
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| In
person at: |
Plymouth County Probate and Family
Court |
or
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Plymouth County Probate and Family
Court |
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52 Obery Street |
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215 Main Street |
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Plymouth, MA 02360 |
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Brockton, MA 02301 |
What
to expect after you file:
If this is
an emergency:
Once you file all your papers
with the Court, you will go before the
Court that day.
The Court may give you a
Temporary Order for Guardianship.
This Temporary Order is only
good for 30, 60 or 90 days.
With your Temporary Order of
Guardianship, you will also receive
instructions on what you MUST do
before getting Permanent Guardianship.
All parties need to be notified
that you have Temporary Guardianship.
A Case Management Conference will be scheduled by the
Court.
If this is
not an emergency: Once you file all your papers with the Court, the Court will
schedule a Case Management Conference
and issue a citation that must be
served on the other parties.
The other parties are generally
the mother and father of the child(ren).
If no
objections have been filed, you may
present your petition to the Court
after the return day, upon proof of
service of the citation, at the assigned judge's regular motion
session, with 5 business days notice to the Court, or at the Case Management Conference.
If the matter is contested, the
Case Management Conference will result in the scheduling of a
Pre-Trial Conference. At the Pre-Trial Conference, a
trial date will be established if the matter is not resolved.
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