Q: If my mom had custody of my child and she recently passed away does the custody go back to me
A: Not automatically. You need to get the court to grant you custody.
Sandra M. Colatosti agrees with this answer
A: If there was an order giving your mother custody, you must file a modification petition in Family Court stating your mother’s passing as a change in circumstances. If she was awarded custody on your consent or per court order because, for some reason, you were unable to care for your child at that time, you must also state what has changed so that you are now able to care for the child.
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