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Death of one parent. What next? Do I have full custody by default?

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  • Death of one parent. What next? Do I have full custody by default?

    My ex wife and I had joint custody of our 13 year old daughter. We were friendly with each other and worked together to raise our child. She passed away recently. What happens now? Do I have full custody by default? Also, my ex's sister is monopolizing my daughter's time and took her out of state for a week without my permission. I belive she is trying to manipulate my daughter into moving away with her. I suspect for the child support and to have a permanent baby sitter around. I'm tying to keep my cool, especially around my daughter, considering recent events, but it's time to play hardball. I am in CA.

  • #2
    re: Death of one parent. What next? Do I have full custody by default?

    This isnt right. Unless theres something you left out, this woman has no rights to your child. Just because the mother passed away doesnt mean her family now gets her share of parenting time. You are the parent, go get your daughter.

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    • #3
      re: Death of one parent. What next? Do I have full custody by default?

      I didn't leave anything out. My daughter's mother passed on the 3rd of this month. Two weeks prior, her grandfather, my dad, passed. They were close and I don't want to stress my daughter out by going to war with her aunt. Also Riverside County has got to be the worst place to be a single father so I expect the worst.

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      • #4
        re: Death of one parent. What next? Do I have full custody by default?

        You should get her--the biological parents always get the child unless there is some kind of parenting problem etc.

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        • #5
          re: Death of one parent. What next? Do I have full custody by default?

          Originally posted by Milehigh View Post
          My ex wife and I had joint custody of our 13 year old daughter. We were friendly with each other and worked together to raise our child. She passed away recently. What happens now? Do I have full custody by default? Also, my ex's sister is monopolizing my daughter's time and took her out of state for a week without my permission. I belive she is trying to manipulate my daughter into moving away with her. I suspect for the child support and to have a permanent baby sitter around. I'm tying to keep my cool, especially around my daughter, considering recent events, but it's time to play hardball. I am in CA.
          you are now your daughter's only custodian. go get your daughter, and do not let mom's family(ANY OF THEM) pressure you into signing custody to them. they have no legal rights to your child at all.

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          • #6
            re: Death of one parent. What next? Do I have full custody by default?

            This post is over 2 yrs old. Almost 3.

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            • #7
              re: Death of one parent. What next? Do I have full custody by default?

              He might be dead by now too

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