Legal Question in Family Law in New Jersey
Child custody
If one parent dies and the other one is still alive but the deceased parent wanted the child to go with her family who gets custody of the child?
4 Answers from Attorneys
Re: Child custody
In normal circumstances, the living parent. It may be possible to persuade a Judge to change that.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: Child custody
The other writer is correct that the natural parent would ordinarily prevail over others.
There are times and situations when a different result occurs.
If you would care to discuss your situation please contact us or another attorney.
Re: Child custody
The surviving natural parent has custody unless he or she abandons same. Your decease spouse's family would have to file for custody of the child and must convince a judge that the best interest of the child would be best served by giving the family custody. This is a difficult task unless you have acted grossly inappropriately as a parent.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Child custody
I agree with all 3 attorneys and I suggest you at least meet with an attorney to discuss your situation.
My initial consultations are always free and I have offices in Toms River and New Brunswick.
Related Questions & Answers
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Testing... testing to see if this is a free service Asked 12/11/06, 10:42 am in United States New Jersey Family Law, Divorce, Child Custody and Adoption