Walton, NY asked in Child Custody and Family Law for New York

Q: If mom had custody of my son and she recently passed away who has custody of the child

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1 Lawyer Answer
Mary Theresa Colwell
Mary Theresa Colwell
  • Divorce Lawyer
  • Syracuse, NY
  • Licensed in New York

A: That depends upon what the order says. If mom had sole legal custody then the person seeking custody, such as yourself or one of her relatives, would need to file in Family Court for a modification based upon this change in circumstances. If necessary, an Order to Show Cause can be filed for emergency relief. If the order named joint legal custody, the other individual has custody. You should consult with an experienced attorney to discuss the particular facts and circumstances of the case as those are crucial to the determination of how to proceed here.

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