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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.