mother deceased, child 6 weeks..fathers chances of custody

The mother of my brothers child just passed away friday...the mother resided with her mother and younger brother. The baby is one of three kids that the mother had. My brother is not welcomed to see his daughter now that the mother of child is deceased... he has had a criminal past last conviction more than 4 years ago.. what can he do to establish custody of his only child???

He needs to get a lawyer and go to court. Has perternity been established? Once perternity is established and depending on what his record is, he should not have to much troubel getting visitaions/custody. Good luck.