Legal Question in Family Law in Massachusetts
Notification of Death of Child
A 14 year old child died suddenly on 6/30/99. His parents are divorced. The mother had custody of him and his sister. The father pays support but otherwise has no contact with the children. The mother failed to notify the father of the death of the child before the child was buried on 7/5/99. I do not know if she has notified him as of yet. I realize the longer she waits, the worse it will be, but how much trouble is she in for burying the child without notifying the father, and, is the funeral home in any way liable for anything?
1 Answer from Attorneys
Re: Notification of Death of Child
I'm not aware that the law requires notification to a second parent. Since the mother
knows about the death, the funeral home has not other obligation. I have never heard
that the mother is required to notify the father. However, if she continues to receive
child support (assuming no other children) then she could be committing the crime of
larceny.