In re Guardianship Jayce

On December 13, 2016, a judge of the Probate and Family Court denied a petition filed by the mother pursuant to G. L. c. 190B, § 5-212, to remove the paternal grandmother as the guardian of the mother's son, Jayce. On appeal, the mother contends that (1) the judge improperly shifted the burden of proof from the guardian to the mother to prove her current fitness; and (2) the guardian did not prove by clear and convincing evidence that the mother is currently unfit to have custody of Jayce. Because we conclude that the judge may have improperly shifted the burden of proof on the removal…