Legal Question in Family Law in Maryland
Consent to Custody
I am in process of obtaining custody of my granddaughter. the mother agrees to this and the childs father is deceased. when we file how would I obtain proof that the childs father is deceased or is our word good enough. The child's father died before the child was born. Also, we are agreeing to reasonable visitation since I do not mind how often the childs mother visits during a week. Any help you could provide would be appreciated
2 Answers from Attorneys
Re: Consent to Custody
A death certificate is needed. You do not indicate the state where the father passed. Evidentiary requirements vary from state to state.
Adoption is another option to custody. You do not indicate your familial relation to the child (i.e., maternal or paternal grandparent.) You should speak with an attorney.
Re: Consent to Custody
Get the father's death certificate from the county records where he was living. If there was never a legal determination of his paternity, the mother will have to execute an affidavit demonstrating that he was the biological father. I assume they weren't married and she was not married to someone else at the time of conception.
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