Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Friends of the victim have come forward to request custody (or a variation thereof), but I have to check with (my friends) attorneys for the MA DCF system to see what the exact protocol might be.
Will have to look for the media source, from earlier today.
Unless she has a will that specifically states who will get guardianship of her children, the courts will most often defer to family members. Now, I don't believe that her husband's mother will be able to take care of the kids. From what I have read, she seems elderly and frail and in need of assistance herself. I'm not sure if he had siblings. Her family is in Serbia and it is difficult for non-us citizens to obtain custody. This will be lengthy process. My heart breaks for the kids. I hope they are getting psychological assistance while the police is searching for their Mom.
I understand that. My specific question is under what conditions, if any, can the living relatives designate.
It's been a while since I did this in Massachusetts, but my memory is that in Massachusetts, the children will be appointed attorneys that represent the best interests of the children. In a complicated case like this, the attorney will likely request appointment of therapists that can work with the children, and help assess potential caregivers (or will coordinate with whatever service providers DCF puts in place). If the children have any relationship with the mom's friends, and they seem like a good/stable option for the kids, I think any attorney representing their best interests would advocate for that placement. The grandmother I think has the right to be heard, but in thise circumstances, I don't think it will outweight the input of the DCF social worker and the best interest attorney. A placement in Canada would not be impossible, but would definitely be more complicated and might require severing of the father's parental rights and adoption by the aunt -- I'm not sure about that.