Legal Question in Family Law in Massachusetts

Re: Child custody when parents die

First the parents should have a Will and provide under the terms of that Will, who should be appointed Guardian for the children. The family, even if foreign, should be able to be appointed Guardians for the children unless it is a country which the US prohibits US citizens to visit. e.g. North Korea. If the family members live in North Korea there could be an issue of them being able to remove the children to that country.

I would suggest you meet with an estate planning attorney such as myself to have Wills prepared to deal with the issue of guardianship in advance.

Re: Child custody when parents die

If this is your actual situation, with the parents now having died, a guardianship must be filed in Massachusetts by the parties seeking custody. The court may determine what is in their best interests, including whether the children shopuld stay here with unrelated guardians or go to the foreign country.