Father custody rights after childs mother dies

This is a discussion on Father custody rights after childs mother dies within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; The mother did not have a will, but had full custody of the child(age 14 yrs old). The father wants ...

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Old Jun 14th, 2008, 02:31 PM   #1
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Question Father custody rights after childs mother dies

The mother did not have a will, but had full custody of the child(age 14 yrs old). The father wants full custody of the child, but there is a "roommate" of the mothers that seems to think he can take the child at will. What legal rights does the father have to go to, to get the child in his full custody?
There was a hand written paper from the mother giving guardianship to an aunt, but she does not want custody.
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Old Jun 14th, 2008, 04:47 PM   #2
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Default Re: Father custody rights after childs mother dies

How long ago did the mother die?
Where are the children living right now?
He should definitely file a motion with the court requesting full custody.
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Old Jun 14th, 2008, 05:50 PM   #3
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Exclamation Re: Father custody rights after childs mother dies

The mother died just 2 weeks ago. He has been going back & forth between his mother's home & the fathers home, we did not want to put too much pressure on him. The court is stating we cannot do anything w/o a death certificate, but also will not give one to us because we are not next of kin & the have been divorced for over 10 years. (I think having to do with identity theft) stick laws will not allow us to get a copy.
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Old Jun 14th, 2008, 07:20 PM   #4
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Default Re: Father custody rights after childs mother dies

That's bull.
Who at the court told you that?
Deaths are a matter of public record. They should have this information.
Tell your husband to go ahead and file the motion for transfer of custody anyway. Have him state the facts as he knows them in an affidavit submitted with the motion (have the affidavit notarized at your local bank). In the motion, request immediate temporary custody pending a final hearing.
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Old Jun 14th, 2008, 10:40 PM   #5
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Smile Re: Father custody rights after childs mother dies

Thank you for you advise, we will be online down loading the documents tonight to file on Monday!
Thanks again!
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Old Jun 15th, 2008, 11:05 AM   #6
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Default Re: Father custody rights after childs mother dies

Tbyte is right. In the event of a parents death the child or children automatically go to the surviving parent, unless there is a court order stating otherwise or a legal will. Last I heard a simple written note was NOT considered a legal binding will unless it was notorized.
The only reason I know of that a child or children would not go to a surviving parent would be if the parent were incarcerated or was some type of known dangerous offender.
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Old Aug 12th, 2009, 10:50 AM   #7
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Default Re: Father custody rights after childs mother dies

Quote:
Originally Posted by cyndiisme View Post
The mother did not have a will, but had full custody of the child(age 14 yrs old). The father wants full custody of the child, but there is a "roommate" of the mothers that seems to think he can take the child at will. What legal rights does the father have to go to, to get the child in his full custody?
There was a hand written paper from the mother giving guardianship to an aunt, but she does not want custody.
the roommate has no rights to the child at all. he is a legal stranger.
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Old Mar 7th, 2010, 02:50 PM   #8
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Default Re: Father custody rights after childs mother dies

Thank you so much I am going through the same exact thing.
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