Parental Fitness

Guardianship – Fit Parent Cannot Share Custody with Others.  The Appeals Court held that a Probate and Family Court Judge was not empowered to split a guardianship of a child between her father and the maternal aunt and uncle who had raised her since infancy.  “Custody of a child belongs to a parent,” reiterated the Court, “unless that parent is unfit.”  The Appeals Court noted that the trial judge, on remand, could find that the aunt and uncle were de facto parents which would give them continued access to the child. Guardianship of Estelle, 70 Mass.App.Ct. 575 (October 29, 2007)