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Okay, here is a very complex situation. My father, who is 71 has custody of my 11 year old nephew. The birthmother lives with them, but has no job, mooches off my dad and has a drug problem. My dad will not kick her out he would rather put up with her I guess. Anyway he has made a will out, and in the will it states that upon his death or incapacitation my other sister, not the birth mother will receive custody of my nephew. There is no way the birthmother would ever be able to solely care for her child. She cannot care for herself. i guess my question is, what is a birth parent's right to the child, if the legal guardian dies. We reside in Massachusettes.
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