Legal Question in Family Law in Massachusetts
Legal Guardianship
My husband wants to adopt my children, we have to wait to see if my ex (boyfriend) agrees to this. Someone told me however, that I should have a living will drawn up , that states, if something should happend to me, that my children are brought up by my husband? Is this true? My ex, has no rights to the children as of present, except of course that he is their biological father. There is nothing in writing that he or any court has that he has any legal right to these children.
1 Answer from Attorneys
Re: Legal Guardianship
If the custodial parent (the mother) dies, then the other parent (the father), automatically gets custody. If you execute a guardianship proxy, then you choice for guardian may be effective if the father does not take custody.