Legal Question in Family Law in Massachusetts

Re: Death of custodial parent

Your husband should become proactive and file a modification action-now-. He needs to be in place to avoid an uglier guardianship proceeding than he would otherwise face. If he is a fit parent, he has a Constitutional right to raise his child -- and he must be proven "unfit" by clear and convincing evidence.

His lack of contact certainly raises a red flag as to "fitness," because the child doesn't know him. Thus, he might arguably not be able to care for all of the particular needs of the child -- the emotional ones.

Again, your husband should be getting pro-active if he wants a shot at raising his son if the mother dies.

Re: Death of custodial parent

It depends on the paternity order. If he is concerned, he should have acted before, or take affirmative action now.