Legal Question in Family Law in Massachusetts
My son is 3y/o his father recently took a paternity test that was 99.99% positive. However, he has only seen him three times since he was born and they have all been since he received the papers for paternity testing; this year. My best friend, a woman, has been there since the day my son was conceived and is basically the co-parent. How do I go about writing a legal document stating that if I die I want her to have custody of my son. With visitation rights of my parents and his father
3 Answers from Attorneys
The appropriate place to name a guardian would be in your Last Will & Testament.
I would agree you need to draft a will.
You can name your friend as your choice for guardian in your Will, but the child's Father, as the biological parent, can contest it. Unless your friend were to file for adoption during your lifetime there is no guarantee she would have paramount rights to custody after your death. Good Luck!
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