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BEZIO v. PATENAUDE

381 Mass. 563 (1980)

410 N.E.2d 1207

BRENDA A. BEZIO vs. MAGDALENA PATENAUDE.

Supreme Judicial Court of Massachusetts, Franklin.

September 22, 1980.

Attorney(s) appearing for the Case

William C. Newman & Wendy Sibbison for the plaintiff.

Geoffrey A. Wilson (James A. Whitbeck, John M. Finn & Peter S. Johnson with him) for the defendant.

John H. Henn, Sandra L. Lynch, Stefanie D. Cantor & John Reinstein, for the Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

John P. Ward, John Rugheimer, Rosalie Davies & Don Martin, for the Gay & Lesbian Advocates & Defenders & another, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

LIACOS, J.

The plaintiff, Brenda King,1 appeals from a judgment of the Franklin County Probate and Family Court denying her petition to remove the defendant, Magdalena Patenaude, as guardian and to regain custody of her two natural children. The plaintiff's application for direct appellate review to this court was granted. The judgment below is not supported by adequate findings as to the fitness of the mother. We reverse and remand. We...

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