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  1. #1
    Join Date
    Dec 2012
    Posts
    3

    Default Surviving Parent Custody

    My question involves a child custody case from the State of: California
    as the father what do you need to do to get legal & physical custody of a child when the child when the mother has passed away?

  2. #2
    Join Date
    Jan 2012
    Posts
    225

    Default Re: Surviving Parent Custody

    What other information can you give? Such as who has the child right now if you do not? Where you married/divorced and was paternity established? What does the current custody order state? Visitation? Have you exercised your visitation if you have visitation? etc etc etc
    Your OP makes it sound like the mother passed away and you are the father but you are not in contact with the child?

  3. #3
    Join Date
    Dec 2012
    Posts
    3

    Default Re: Surviving Parent Custody

    i am the father and we were never married. we never had a legal custody order, we just worked it out between us. right now my daughter goes back and forth between me and her grandparents (her mothers parents). there is no vistitation problems and we are trying to do what is best for my daughter. i would just like to make sure i have legal custody of her in case things change. i was told in CA that if the parents are not married no one has legal custody. since im her only parent i would like to know what steps to take to obtain legal custody.

  4. #4
    Join Date
    Sep 2009
    Posts
    424

    Default Re: Surviving Parent Custody

    Are you legally her father?

  5. #5
    Join Date
    Dec 2012
    Posts
    3

    Default Re: Surviving Parent Custody

    i am her biological father and listed on her birth certificate. but no papers were ever filed to give me legal custody.

  6. #6
    Join Date
    Dec 2012
    Posts
    2

    Default Re: Surviving Parent Custody

    Quote Quoting spoor381
    View Post
    i am her biological father and listed on her birth certificate. but no papers were ever filed to give me legal custody.
    I believe that is all you need to show proof that your have legal & physical custody. I think your talking about no court paperwork showing a parenting plan as if your not married then you both have rights but would have to go to court to show who the child would live with and also set up visitation.

    You might need to go to the court house with a death cert and a copy of your child's birth cert.

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