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Wife Decease and Sister file for custody without any notification of my wife's death

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juniorwhite

Junior Member
What is the name of your state? KY

My wife deceased and her family did not contact me. They went and file for custody. I found out through her friends that she past away. Now, my son is with the sister. Is that illegal?
 
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rmet4nzkx

Senior Member
File for custody in the court that gave them custody also contact Social security. You may have to prove your fitness to regain custody. Why were you not in contact with your child?
 

juniorwhite

Junior Member
I thought the sisters had to contact the military within 24 hours of her death?

I just visted in him 2 weeks prior to her death. The sisters strategy was to claim that I was not never involved in his life which was not true. I thought that the sisters had an obligation to contact the military within 24 hours?
 

rmet4nzkx

Senior Member
You are in the military? Had you given guardianship to the mom while on AD or deployed? Have you contacted JAG? Can we have some more facts.
 

mikeleslie87

Junior Member
go get your kid.

unless youre proven unfit,you have more rights to custody then the sister does.in fact.she has no legal rights at all.go and get your child.
 

stealth2

Under the Radar Member
mikeleslie87 said:
unless youre proven unfit,you have more rights to custody then the sister does.in fact.she has no legal rights at all.go and get your child.
Dude - if there's a custody order, he can't just go pick the kid up.
 

BelizeBreeze

Senior Member
mikeleslie87 said:
unless youre proven unfit,you have more rights to custody then the sister does.in fact.she has no legal rights at all.go and get your child.
Is someone passing out idiot pills tonight.

Junior, contact an attorney in the county where your ex lived to have a look at the custody file. There will be a proof of service in there because, legally, you MUST be contacted. If not, there will be something regarding the father of the child not being available for contact.

Once you find out IF your sister-in-law ever tried to contact you, or advise the court that you existed, you MAY have grounds to file a petition to set aside the finding of custody on the ground that the sister-in-law perpetrated a fraud upon the court.

Consult a local attorney.
 

juniorwhite

Junior Member
Yes, I had secondary guardianship

It was indicated that I still had an obligation to my son. She was given primary guardianship with me as secondary. My wife lived close to her sisters and when she past away they went in with the goal of not informing me of her death. after finding out that my decease a day later from another source; the sister had already went down to courts and file for custody as if I never had anything to do with my son. I had just seen my son a week prior to her death. I was even paying child support to her through the military. I know that they had an obligation to contact me within a certain period of time.
 

BelizeBreeze

Senior Member
juniorwhite said:
It was indicated that I still had an obligation to my son. She was given primary guardianship with me as secondary. My wife lived close to her sisters and when she past away they went in with the goal of not informing me of her death. after finding out that my decease a day later from another source; the sister had already went down to courts and file for custody as if I never had anything to do with my son. I had just seen my son a week prior to her death. I was even paying child support to her through the military. I know that they had an obligation to contact me within a certain period of time.
And now you're going to tell us what you're going to do about this right?
 

juniorwhite

Junior Member
She was my wife.

I was still married to her. I was just in training in another state at the time. Her family tried on many attempts to gain custody of my son while she was still alive.
 

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