QUESTION
How can I get custody over my child if the mother passed and the maternal side has the temporary custody?
Asked on Sep 03rd, 2012 on Child Custody - Pennsylvania
16 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
You have to file for custody in court. If you currently have court ordered parenting time, you can file in that case. If not, you'll have to file a new case.
Answered on Jun 28th, 2013 at 12:43 AM
It does not state what relationship you are to the child, which may have some bearing on your chances of gaining custody of the child verses the maternal side, which again, you didn't state who on the maternal side, grandmother, aunt, cousin? I don't know the relationships of the parties so I cannot adequately answer your question unfortunately.
Answered on Jun 28th, 2013 at 12:35 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes.
Answered on May 28th, 2013 at 8:55 PM
Family Law Attorney serving Bluffton, SC
at
Peacock Law Group of the Lowcountry, LLC
Update Your Profile
In SC, you need to take action quickly to try to insure that your rights are protected. Based on these initial facts (and there are many more details one would need to know to properly advise you), it appears you need to bring a custody action in Family Court. You should seek the advice of local legal counsel in regards to this matter.
Answered on Sep 12th, 2012 at 1:10 PM
Dennis P. Mikko
If the child's mother is deceased, you should petition the court and ask that custody be awarded to you. As the father of the child, your rights are superior to those of grandparents.
Answered on Sep 12th, 2012 at 1:09 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
You need to get the police involved on the issue of child stealing.
Answered on Sep 12th, 2012 at 1:07 PM
Barbara A. Fontaine
I do not know what state you live in, but usually the father would be the natural parent if the mother died. Are you on the birth certificate? Have you gone to court before to get visitation or some other connection with the child. Have you been paying child support? All these may have something to do with the answer. You need to ask at a family court in your state and maybe at least pay an attorney for an hour's time, even if you plan to do the work yourself. Have you spoken with the mother's relatives?
Answered on Sep 12th, 2012 at 1:06 PM
Suzanne H. Lombardi
In Alaska each parent has the right to 50/50 custody. If there has not been an order in place then you should file for custody of your child and let the court decide what the custody arrangements should be. An attorney can help you file the necessary paperwork properly so that you would have more than just some custody of your child.
Answered on Sep 12th, 2012 at 1:05 PM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
Make application at the courthouse. Usually the parents have superior rights, but you might want to consult with an attorney.
Answered on Sep 12th, 2012 at 1:05 PM
Personal Injury Attorney serving Atlanta, GA
at
Anthony Overton Van Johnson & Associates, P.C.
Update Your Profile
In order to pursue custody of your minor child, first, if you were not married to the child's mother, you would have to "legitimate" your child in the Superior Court. Legitimation is required before a father can pursue legal rights concerning the child, if the child was born out of wedlock. Once legitimation is granted, you can pursue custody of your child. It is now permissible to file legitimation and custody actions simultaneously. You should; however, retain the services of an attorney to handle this for you.
Answered on Sep 12th, 2012 at 1:05 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
You don't provide enough information to provide full advice. Your wording suggests that you were never married to the mother and that there has never been any legal proceeding to determine that you are the father or granting you any legal rights. If the mother's family has "temporary custody" that suggests there is a court case pending concerning the child. So, you need to consult an attorney about how to file something in that case to establish your parental rights. You may or may not get primary custody at first, but you should be able to get some meaningful access to the child.
Answered on Sep 12th, 2012 at 1:00 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Hire an attorney. That is the first step. You are the natural guardian when the other parent dies.
Answered on Sep 12th, 2012 at 1:00 PM
Leonard A. Kaanta
You file a suit for custody.
Answered on Sep 12th, 2012 at 1:00 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
Go take your child. In Washington, grandparents have no rights. You're the only one with rights.
Answered on Sep 12th, 2012 at 12:59 PM
You need to file a petition for custody in whatever court granted the maternal side temporary custody. You best chance is with a lawyer.
Answered on Sep 12th, 2012 at 12:58 PM
General Liability Attorney serving Harrisburg, PA
at
Abom & Kutulakis, L.L.P.
Update Your Profile
Retain an attorney and file a custody complaint.
Answered on Sep 12th, 2012 at 12:57 PM