QUESTION

Is my divorce decree still effective if the ex-wife is deceased?

Asked on Sep 09th, 2012 on Divorce - Georgia
More details to this question:
My ex-wife recently passed and I'm wondering if the divorce decree is still active. Do I retain full custody of our child? Do I file to the court to modify the divorce decree?
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1 ANSWER

Antonio B. Mari
The Decree should have a line in it that states that you retain the right to custody in the event of your ex-wife's death - or something along those lines. Even if it doesn't and unless custody has been awarded to a third party by a court, you automatically become the primary custodian of your child. If there is a third party that is claiming custody, that person would have to file something with the court to exercise custody. Absent any court ruling you now have full custody. 
Answered on Sep 10th, 2012 at 1:57 PM

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