The simple answer is yes. But, until your rights are legally established you don't really have any rights.
As the mother died, you should be filing for custody of the child at the very least.
You need to move forward, and you need to do it now. Do not delay, for delay will only make things worse.
I can assist you, if you want.
David R. Hartwig
801-486-1715
Answered on May 11th, 2016 at 7:08 AM