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  1. #1
    SLPGDP is offline Junior Member
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    Unhappy The custodial parent dies, does the other parent automatically get custody back?

    I live in Aurora, CO. My brother and his babies momma went to court for custody of my nephew. My brother won full custody. She also lost one child (new born) by her husband to the state, because of drugs in her system at the time of birth. Her other two girls by her husband had to go with one of his relatives. My brother passed away in 2008. She came and took him. I didn’t just want to keep him from his last parent alive. She had been doing good with the drugs but lately you can tell she has been doing a lot more. Do or could I have any legal visitation rights or even custody rights? Does custody automatically go back to her?
    Last edited by SLPGDP; 03-17-2010 at 01:08 PM.
  2. #2
    Silverplum is offline Senior Member
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    Quote Originally Posted by SLPGDP View Post
    I live in Aurora, CO. My brother and his babies momma went to court for custody of my nephew. My brother won full custody. She also lost one child (new born) by her husband to the state, because of drugs in her system at the time of birth. Her other two girls by her husband had to go with one of his relatives. My brother passed away in 2008. She came and took him. Do or could I have any legal visitation rights or even custody rights? Does custody automatically go back to her?What is the name of your state (only U.S. law)?
    Mother has full custody, period.

    You don't have any custody rights, and I don't know if you have any chance at visitation being awarded. Do you see the child regularly?
  3. #3
    Isis1 is offline Senior Member
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    Quote Originally Posted by SLPGDP View Post
    I live in Aurora, CO. My brother and his babies momma went to court for custody of my nephew. My brother won full custody. She also lost one child (new born) by her husband to the state, because of drugs in her system at the time of birth. Her other two girls by her husband had to go with one of his relatives. My brother passed away in 2008. She came and took him. Do or could I have any legal visitation rights or even custody rights? Does custody automatically go back to her?What is the name of your state (only U.S. law)?
    you have no inherent rights.

    depending on the circumstance, mom can come get her child since she is the only person alive with any rights. and since it was two years ago....too late to make an issue now.

    at this point, all you have to make nice with mom so she will allow you to visit with the child.
  4. #4
    dannyt is offline Member
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    im sorry

    Quote Originally Posted by SLPGDP View Post
    I live in Aurora, CO. My brother and his babies momma went to court for custody of my nephew. My brother won full custody. She also lost one child (new born) by her husband to the state, because of drugs in her system at the time of birth. Her other two girls by her husband had to go with one of his relatives. My brother passed away in 2008. She came and took him. Do or could I have any legal visitation rights or even custody rights? Does custody automatically go back to her?What is the name of your state (only U.S. law)?
    im sorry for your loss. i hope mom will allow you to see the child.
  5. #5
    justalayman is offline Senior Member
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    Quote Originally Posted by SLPGDP View Post
    I live in Aurora, CO. My brother and his babies momma went to court for custody of my nephew. My brother won full custody. She also lost one child (new born) by her husband to the state, because of drugs in her system at the time of birth. Her other two girls by her husband had to go with one of his relatives. My brother passed away in 2008. She came and took him. Do or could I have any legal visitation rights or even custody rights? Does custody automatically go back to her?What is the name of your state (only U.S. law)?

    and your reason for waiting nearly 2 years to address this issue is?????????


    IF mom was still having drug problems AND you had an established relationship with the child, you might have been able to do something. Since it was not a problem nearly 2 years ago so much for you to do something then, you have the proverbial snowballs chance in Hell of effecting a change now.

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