QUESTION
How do I proceed with my petition to obtain sole custody of my brother?
Asked on Aug 29th, 2014 on Family Law - Louisiana
More details to this question:
I have had guardianship of my brother, given to me by a notarized letter from my mother, for three years now. I filed for custody, and when my mother didn't respond, I requested to move forward with the case. That was granted, but the case stalled because I had not mentioned the father in the paperwork. At this point, I will probably have to re-file, but the father is deceased, I don't have a death certificate, and he's not on my brother's birth cert. Can I file for custody saying the father is unknown, or do I need to get the death certificate? If so, will that be enough to get custody if my mother doesn't respond when she's served the petition?
4 ANSWERS
Bruce Provda
If the court has questions about the father as they obviously do, you need to be honest and answer to the best of your ability as to the facts you know about his death. Then mention the fact of no father on the birth certificate.
Answered on Sep 22nd, 2014 at 12:38 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, whatever you had was not legal guardianship. If the boy's father was not on the birth certificate, the question is was he ever involved e.g. paid child support. If so any legal documents from such an order must be presented. Since he is dead you can get a death certificate. If there was never any order, then the death certificate should be sufficient and you need to testify to the lack of any order. My suggestion is that you get a lawyer who can probably straighten out whatever errors existed in your filing.
Answered on Sep 22nd, 2014 at 12:22 PM
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Your inquiry is really beyond what this Q and A forum is for as you are asking for advice for a specific issue and not a general question about the law. You really should either hire an attorney to handle this entire matter for you or see whether you can obtain an attorney who will coach and only charge you for limited representation.-usually much less expensive than hiring counsel for an entire case. Good luck.
Answered on Sep 22nd, 2014 at 11:57 AM
Attorney serving New Orleans, LA
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Nancy C. Chachere Attorney at Law
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You may have trouble obtaining the death certificate if he is not also your father. However, you should try to do so. Once you can establish that he is deceased, you are likely to get custody.
Answered on Sep 22nd, 2014 at 11:57 AM