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?


Asked on 12/11/06, 1:30 pm

4 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 12/11/06, 1:42 pm
Barry Kozyra Kozyra & Hartz, LLC

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.

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Answered on 12/11/06, 2:45 pm
Gary Moore Gary Moore Attorney At Law

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

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Answered on 12/11/06, 3:34 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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.

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Answered on 12/11/06, 6:56 pm


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