Legal Question in Family Law in District of Columbia

Re: Custody after mother is deceased

The quick answer to your question is YES, the father has the right to go back to court and ask for a change in custody. Having said that there are many things to consider... first of all, simply having the right the do something does not mean that you will obtain it.. right? One needs to focus on the reasons why the father did not have shared custody, was there an incident of intrafamily offense? Is there evidence that shows that the father is not mentally, physically and financially stable? Where does the father live? how much contact has the child had with him compared to other family members he/she might have? This case requires close attention and deep investigating. A guardian ad litem is likely to appointed by the Court to represent the child's rights. Also a probation officer from Family Services is likely to be chosen. An investigation of the two homes will be conducted. This is definitely going to be a challenging case for anybody, with or without the aid of counsel.

Good Luck,

Tiziana Ventimiglia.

Re: Custody after mother is deceased

The mother did not have authority to simply transfer custody of the child to a "godmother"

by means of a notarized letter. Even giving this person legal guardianship of the child would require the filing of the appropiate papers with the Family Court and securing the appropriate order.

The father's rights with respect to this child should take precedence over whatever rights this "godmother" may be trying to assert, unless for some reason he is found by the court to be patently unfit to have legal and physical custody

of the child.