In guardianships of a minor there is a legal process where a child under the age of 18 is not in his/her parents care. In Massachusetts a Judge can give custody and care of that child to a guardian if a couple of things occur.
1. If the parents give permission; or the court finds that the parent is unavailable or unwilling to provide care. A guardian takes on the role, similar to a parent and has to provide a stable home and make the everyday decisions about a child’s health, education and safety.
2. There are other alternatives as well; including a Caregivers Authorization Affidavit that can allow some similar things to a guardianship; and that does not require the courts approval.
A guardianship does not rely on whether it is in the child’s best interest to have a guardian, but the parent has to be found unfit; if the parents do not consent to the guardianship.