Legal Question in Family Law in New York
Child Custody after parent's death
A fourteen year old child's mother died in a car accident - the mother wasn't married and has no living relatives. Where would the child go? If the mother stated in her will the name of the biological father and named him as the child's guardian, would the man be informed? Would he be required to take the child? Also, if it was plausible for him to take the child, would he need to formally adopt?
1 Answer from Attorneys
Re: Child Custody after parent's death
The person named would be the "putative father" and the named guardian of the child.
If proven to be the "natural father" via blood testing, he would not need to adopt the child, since the child would be his natural and "legal" child.
If proven not to be the child's "natural father" via blood tests, he would still be the guardian, of the child, until such time as a Court of proper jurisdiction names another, As Guardian, in his place and stead.
You cannot assume that the person named, by the mother, As Guardian and father of the child has any knowledge or information concerning any of these matters, until and unless he has been formally notified of same.
Although, a parent may decline to "take" his or her "natural" child. A parent will nevertheless, be obligated to support his or child, once parentage is "legally" established.
Good luck,
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