Custody and Guardianship Lawyers

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- High-Conflict Litigation Experience
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Child Custody and Visitation Attorney in Framingham, MA

In the Commonwealth of Massachusetts, the best interest of the child standard determines child custody and visitation. At Bentley Law Group LLC, Attorney William “Blake” Bentley knows how to effectively navigate the family court system to resolve the custody issues you face. Attorney Bentley's assistance has helped clients obtain the best possible outcome in many cases involving difficult custody issues. Whether you are looking to increase visitation, stop an opposing parent from removing a child from the state, or change a current parenting plan, Bentley Law Group LLC can help.

Attorney Bentley understands that your children mean the world to you. Dealing with the onerous decisions of custody and visitation can become overwhelming and many times complex. The legal system is confusing to parents facing difficult custody battles. How to get a case started or defending yourself against a complaint for custody can be a daunting task to those who lack familiarity with the court system in Massachusetts.

With something as important as time with your children on the line, a parent is wise to seek legal advice. These court orders could have a long-term impact on the emotional and physical well-being of your children. Bentley Law Group LLC understands these issues and takes them seriously.

Child custody agreements must evolve in proportion to the current family's needs. As your family dynamic changes, so should the custody order. If you or your child has experienced a material change in circumstances, you may be able to petition for a child custody modification.

At Bentley Law Group LLC, we can handle all child custody situations. We even can take care of emergency ex parte hearings for child custody. Call us today at (508) 655-4546 for a free evaluation of your child custody case.

Guardianship and Conservatorship Law

In Massachusetts, a legal guardian and/or conservator may be established over a person who is a minor, mentally incompetent, or disabled. Under Massachusetts’s law, the Probate and Family Court appoints a guardian or conservator to manage the financial and/or medical and personal affairs of an individual.

In practice, a guardian is a person appointed by the court to make non-financial decisions for another person, such as personal welfare, medical, housing, and educational decisions, in the same way that adults make these decisions for their children. The person who the decisions are being made for is called a respondent.

Guardians may be appointed for minor children, via Guardianship of a Minor, and for incapacitated persons, via Guardianship of an Incapacitated Person. In both cases, this form of guardianship is individualized to this person only. In Massachusetts, guardians, unlike conservators, do not extend to the financial or business affairs of the respondent. When the business affairs of a respondent need to be protected, a conservator should be appointed instead of a guardian.

A conservator may be appointed by the court for the protection of a respondent if they are unable to "manage their business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate technological assistance, or because the individual is detained or otherwise unable to return to the United States; and the person has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, and welfare of the person or those entitled to the person's support and that protection is necessary or desirable to obtain or provide money." This includes if the person is incapacitated or a minor and has substantial assets that need protection and management.

For a conservatorship of an incapacitated person, a medical certificate is required to be filed on their behalf. This medical certificate is an extensive form that must be done by a registered physician, licensed psychologist, or certified psychiatric nurse clinical specialist. In addition, the certificate must be completed in a timely manner within 30 days of any court hearing. This means if you have multiple court hearings more than 30 days apart, you will need to acquire an updated certificate for each hearing.

At the Bentley Law Group LLC, we help secure guardianships and conservatorships for minors, elderly, disabled, or mentally ill family members. Both of these tools require court approval and may or may not have the approval of the person whose interests are being protected. Call us today for a free consultation regarding your guardianship or conservatorship legal needs.