Legal Question in Family Law in Massachusetts

It would be quite helpful if the deceased parent had nominated a guardian in his or her last will and testament. If not, someone will need to petition for guardianship and the maternal grandparents and de facto surviving parent would need to agree on the appropriate person or a Court will decide.

If there was a Will that designated the guardian, that would be helpful. If the biological father is in fact recognized as the father and retained parental rights, then the maternal grandparents and the father would have to decide on who becomes guardian for the child or the Court will decide.

If no one is designated as guardian under a Will then you should retain counsel and file a Petition to become the child's guardian.

If the mother dies and the father is legally recognized, then the father has custody of the child. The father calls the shots and grandparents have no say. If the father is not able to have custody and the state is involved, then the state would treat both sets of grandparents equally until it can determined who will have custody of the child. Once the state makes an order of custody, the order will determine how the grandparents will interact with the child.