A very dear friend of mine passed away recently after battling colon cancer. She has a 13 year old son whose father hasn't seen or contacted him in almost 4 years although he has continued to pay child support. The day after the funeral he contacted my friends mother wanting to see his son. When custody was decided about 5 years ago, my friend and her ex got joint custody. Since the last 4 years passed with no contact, before she died my friend signed papers transferring her custody over to her mother. She was told that as long as he didn't contest it there should be no problem but that because he didn't sign it if he chose to he could contest. We are assuming that's what he's going to do. He waited till she died to come forward although my friend tried to reach out to him several times and got no response. If he does contest this will the judge take into account that he hasn't contacted his son in 4 years and that his son is very adamant he wants no relationship with his father?
Custody after mothers death
- Thread Starter rljs9086
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army judge
Super Moderator
The father has done nothing to lose his paternal rights.
Why he chose to have limited contact with his son isn't legally significant.
The child's opinion isn't normally determinative.
No one can predict what the father might do. If he does come forward, he has a right to be heard.
If others wish to be heard, they can request the court to take note.
Ultimately a court will decide custody.
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