Legal Question in Family Law in New York
When parent with sole custody dies without a will, who gets custody of the child
Male has sole custody of his seven year old son awarded in the courts in Arizona after mother/wife abandones family. Also, divorce obtained. Mother/wife returns to family years later with a young daughter and states male is not father. They try to work it out -- female has drinking problems and is bi-polar. Male dies in accident without a will. Who gets custody of the children?
1 Answer from Attorneys
Re: When parent with sole custody dies without a will, who gets custody of the c
Assuming the child lives in AZ, jurisdiction remains with that state.
In New York the Court normally looks at the best interest of the child. However, there is a presumption that the biological parent should obtain custody of the child.
Mike.
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