QUESTION

Both parents a recently deceased...Who can take custody of the minor?

Asked on Jan 19th, 2020 on Child Custody - Tennessee
More details to this question:
In the state of TN, the mother of a 9 year old and 2 week old passed away. The father of the 9 year old passed away 2 years ago. The father if the 2 week old was incarcerated at the time of birth. Both fathers were not married to the mother. The deceased mother's father signed for emergency custody the week of her death and has both minors under his care. Even though they aren't going to be living with him. They will be living with his daughter. The father's family of the 9 year old would like custody of some sort because the home's he is assigned emergency custody to is unfit for children, meaning roach infested and unclean. The father of the infant is trying for custody on his own... Is there a time frame for the 9 year olds family on his dads side, to sign for custody and how would we do that without him being moved to foster care. They, meaning the currently assigned grandparent, are willing to allow 2 days a month visitations which is unacceptable. Please help!
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1 ANSWER

Family Law Attorney serving Nashville, TN at WalshLaw
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I'm sorry for your loss. If the father never had his rights established, then mom had sole custody at her death and so her family would be, legally, the child's only family. Father's family could Petition the Court for rights, including more time or even possibly custody. I think along the way the families might reach an agreement, so long as everyone is thinking about the child's best interest.
Answered on Jan 19th, 2020 at 2:53 PM

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