Custody of a Minor
Custody of a Minor
Opinion of the Court
In this case the mother’s sister had obtained a judgment awarding her custody of the mother’s subteen daughter. The mother petitioned the Probate Court seeking to revoke that judgment, claiming lack of notice of the hearing in the earlier proceedings. Following a hearing on the mother’s petition a probate judge, having noted a minor error in the judgment, revoked it on his own motion for the stated purpose of correcting that error. Having done so, he entered a new judgment otherwise unchanged in form or content. The mother has appealed and has argued, among other things, that the hearing was a "de novo hearing on the issue of guardianship.” The transcript of testimony provides no support for any such view. The judge clearly stated at the outset of the hearing that "what we are considering today is a petition to vacate judgment.” After hearing several witnesses the judge indicated that he felt that the "status quo should be maintained,” that the mother should not be "cut out of the picture completely,” that counselling services should
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.