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father's rights to child due to mother's death.

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sincere0187

Junior Member
What is the name of your state? NC

My brother recently found out that the mother of his daughter has passed away. The mother lived in NJ with his daughter. The daughter now lives in NC with her grandmother who says she has temporary custody. Does my brother have legal right as her father to custody?
 


Bloopy

Senior Member
What is the name of your state? NC

My brother recently found out that the mother of his daughter has passed away. The mother lived in NJ with his daughter. The daughter now lives in NC with her grandmother who says she has temporary custody. Does my brother have legal right as her father to custody?
Absolutely.

I am assuming his parental right were never terminated.

How long ago did Mom pass? If he's been out of touch for a long time, he will need to explain that.
 

CourtClerk

Senior Member
All things being equal - dad has paid support, maintains contact with the child, has a relationship with the child - dad needs to go get his kid. If need be, dad needs to take this issue to court.
 

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