Guardianship of a Minor
Guardianship of a Minor
Opinion of the Court
So much of the judgment entered on November 20, 1978, as appoints the petitioner the permanent guardian with custody of Catherine (the child) is reversed, and the case is remanded to the Probate Court for the prompt conduct of a further evidentiary hearing, for the prompt filing of findings of fact on the current parental fitness or unfitness of the child’s mother (see Custody of a Minor [No. 1], 377 Mass. 876, 882-883 [1979]; Bezio v. Patenaude, 381 Mass. 563, 570 n.6, 577, 579 [1980]), and for updated findings of the best interests of the child (see Petition of the New England Home for Little Wanderers, 367 Mass. 631, 633, 636-641 [1975]; Bezio v. Patenaude, 381 Mass. at 576-577). Unless the child’s father has filed his written consent to the proposed guardianship (see G. L. c. 201, § 5, as most recently amended by St. 1978, c. 381, § 1), it is to be made clear on the record that he has been given proper notice of the proceedings (Bezio v. Patenaude, 381 Mass. at 567 n.3, 580 n.12), and there must be findings as
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.