Guardianship to My Husband for My Daughter

[madash414]

My question involves guardianship in the State of: massachusetts

me and my husband have been to gether for 5 years. my daughter is 7 years old, and her father lives in NC and has been absent for 6 years, no contact and there is a permanent restraining order between us. my husband and i have a daughter together who is 2, and he has a 5 year old son from a previous relationship. He has been "daddy" to my daughter for 5 years. can i assign my husband as a legal guardian?

[aardvarc]

So long as the child still has another legally recognized parent, absent or not, that parent will become sole guardian should something happen to you (sans some hefty and expensive court involvement which isn't a guarantee that your hubby would prevail, even under these extreme circumstances). The court isn't going to want to share the child between the legally recognized parent and a non-relation, even one who was your husband. The better and more legally solid solution is for your husband to adopt the child. If dad is willing to go along, it's a relatively straight-forward process, and with the help of an attorney should be a few hours of paperwork. Then your husband will be the child's legal father and enjoy all of the legal protections in regard to the child.