Anonymous
Anonymous asked in Family & RelationshipsFamily · 9 years ago

my sons mother passed away can i get custody?

Hi, My Sons Mother Passed Away A Week Ago And I am The Legal Father in Teh Birth Certicate and by dna . But He is leaving with his grand mother . and she wont let me see him or nothing ?

What Can i Do any Suggestions?

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  • 9 years ago
    Best answer

    If you are on the BC, why did you have DNA testing done (was BC amended after testing)? Living w/ maternal grandmother? Is this just 'physical' custody? OR, did she have legal custody/temp guardianship? If so, how? Legally, you would have had to have been notified of any proceedings where that might have happened. According to law in my state, unwed mothers automatically have sole legal custody....if she dies, the FATHER automatically has sole legal custody. HOWEVER, in my state, DNA is not enough...one has to go on and get Legitimization done to be recognized as the FATHER. There is almost NO reason though why that would not be done when there was DNA. You can most likely get Legal Aid to represent you to get this. You may want to contact your Dept of Family & Children's Services (although they are notorious for messing up more than they fix!).

    I pray that God's will be done whether that is for you to gain custody or custody to remain w/ the grandmother (only God knows what is in the best interest of the child).

    God bless all of you.

    IS THIS WRITTEN FOR SOMEONE ELSE ... A MAN (FATHER) ?

    Source(s): my son is in EXACT SAME situation...I am the paternal g-mother not getting to see my precious little g-son :( It tears my heart out!
  • 9 years ago

    It depends. The mother may have specified her mother as the guardian when she died in a will. If so then you will have to go through the custody process, assuming she was granted sole custody at some point in the past. If there is reason for you not to see the child (such as you had been ordered supervised visitation only, were found guilty of abuse/molestation or have substance abuse issues) then the chances are not good. If the mother did not leave a will, then I suggest that you do contact an attorney to establish custody as soon as possible. When my children were small, I found out that if a will without a guardian was not made, they would automatically be made wards of the state and put into foster care, even if there were multiple relatives willing to take them and raise them. If the grandmother is not the legal guardian and if you have no problems in the past, then it seems that it would be easy to get custody, especially if you have been involved in your son's life, and have been paying child support over the years.

  • As sad as this is to say, court action may be needed. This is only the right course of action provided you have paid any child support assigned and are not a convicted felon. Court action will do nothing for you in the custody part, but you still should be able to see him. I recommend talk with his grandmother and explain, nicely, your situation before seeing a lawyer.

  • Eva D
    Lv 4
    9 years ago

    Get a lawyer and go for custody. the courts will probably want to know if you were involved in this child life prior to his mother's death because otherwise the child would only know you as a stranger.

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  • Anonymous
    9 years ago

    2/10

  • 9 years ago

    take her to court. he is your son since his mother passed your entitled to full custody just make sure he can still see that side of the family

  • Anonymous
    9 years ago

    No. Probably not. If the mother didn't have custody, I don't know why you didn't try to get it. Sounds like you don't have much to do with the son. The child is probably fine where he is.

  • Anonymous
    9 years ago

    go to the couthouse and have a custody hearing if your responsible enough im sure you will have no problem

  • 9 years ago

    go to court, you have more right to your son then she does. although this may just be temporary thing, she is grieving over the death of her daughter (i'm assuming it's her mum)

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