Asked in Family Law, Child Custody and Estate Planning for Massachusetts

Q: Asking for a friend

I have a friend who is about to under go surgery. She fears that by chance she does not make it and has written instructions not to allow custody to the father bc he is abusive and not much of father? They were never married, hes never stayed in the kids like no longer ther 6months, after that he leaves and is not seen or spoken to for months. Does he stand to get custody!?

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: She should at least have a Will nominating a guardian for the minor children. The best route would be to also have a Guardianship petition or at least temporary guardianship addressed by the Court taking into consideration his unsuitability as a custodial parent as being not in the children's best interests.

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