Death of Custodial Parent

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onion1

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I have a pressing legal matter for which I need assistance. I pay child support to the state of AR. My children are 18 and 14. The 18 year old is in college. Their mom died a few days ago. She left 7 children by 4 different fathers. She was not married to any of the fathers. She did not have me listed on the minor's (14 yr old) birth certificate; however, because I pay child support, the court established paternity when the child was born. I do not dispute that. The kids mother was not married and had a live in boyfriend that now wants to co-parent the kids with their grandmother. The boyfriend and grandmother are in failing health and both rely on disability. I want my minor child to come live with me. Since I live out of state, I'm not sure if I can just show up and take my child or if I should go through other legal procedures. I have expressed my desire to raise my son with my wife of 15 years and our other 5 children. The minor has spent summers with us and has always adjusted well with us. What are my parental rights? I am listed as the non-custodial parent on the child support court documents. Do I now automatically become the custodial parent and what parental rights do I have to raise my son? Should I change his birth records to reflect myself as the father? Do I need to go to court? Thanks for your help! --onion1--
 
If you are the legal father than your rights to custody are superior to anyone else's. You should be able to pick up the childm but you still need to file to stop child support.

You probably should file for emergency custody. I would at least talk to an attorney in the state where the child lives just to make sure you do not need to do anything else.
 
Duranie said:
If you are the legal father than your rights to custody are superior to anyone else's. You should be able to pick up the childm but you still need to file to stop child support.

You probably should file for emergency custody. I would at least talk to an attorney in the state where the child lives just to make sure you do not need to do anything else.
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I agree.

This is something you need to do as soon as possible.
 
I am making plans to go to AR this week to speak with the child support office. They are already in the process of closing my case since the mother's death. However, now her family wants me to leave my son there for them to raise and I've told them that I have intentions to come and get him this week. They want me to wait until they can resolve other legal matters pertaining to the mother's house, etc. But I've told them I may wait a few days but I'm coming to get my son within the next week. I also have to find an attorney in AR that can take my case to help me tie up these loose ends. What additional advice can you give me? I am afraid her mom and dad (that are not together) are trying to stall me. Additonal advice?
 
I would not wait any longer. Tell them the child is being picked up on a certain day. You might have to bring proof of paternity in case the other family decides to call the police or something.

Honestly if I were you I would see about at least a phone consultation with an AR attorney just in case the in laws try to pull something.
 
Thanks for the advice. I have found an attorneyin AR. She and I have a meeting scheduled. I have been doing some research and I am surprised at the various types of custody: physical custody, legal custody, etc. What type of custody would apply in my situation since the mother is deceased? I have been periodically calling out to the school to get information about my son's grades and to make sure he's attending school. When the mother enrolled him in school 10 years ago, she only listed herself as an emergency contact. She did not list my name anywhere. Today a family member went to the school and told them that since I'm not listed they should not give me any additional information about my son's grades so now the school is refusing to give me any information without a court order. This just keeps getting better and better. So now I'm going to file for emergency custody (which I'm told is only temporary); but I am also going to file for full custody. The family now wants to setup the 18 year old sister that's a college student as the guardian of the 5 minors. This is getting pretty ugly! Thanks Onion1
 
Q: What type of custody would apply in my situation since the mother is deceased?

A: Full.
 
Thank you for the information. Is a father's advocacy group a good option? Someone suggested that to me and I don't know where to begin to find such a group that could help me with AR custody laws. Also, I was told advocacy groups can help in locating a good attorney as well. Thanks.
 
onion1 said:
Thank you for the information. Is a father's advocacy group a good option? Someone suggested that to me and I don't know where to begin to find such a group that could help me with AR custody laws. Also, I was told advocacy groups can help in locating a good attorney as well. Thanks.
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Google is your friend.

I don't know anything about advocacy groups.

But I would try the Arkansas state bar association.
 
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