Legal Question in Family Law in Alabama

Custodial Parent Dies

My husband's ex-wife has just died. She left no will and she had full custody of their children. Does he automatically get custody of his children or does he have to file with the court system? He is currently paying child support. He doesn't live in the state that she resided in. What happens next?

Asked on 5/13/04, 12:46 am

2 Answers from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

Re: Custodial Parent Dies

Without doing any research I believe custody would automatically revert to him.

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Answered on 5/13/04, 8:51 am

Charles W. Field Charles W. Field, Attorney at Law

Re: Custodial Parent Dies

Although the law varies from state to state, I believe that he will automatically get custody. However, I would advise you to consult with a local attorney who can review all the surrounding facts.

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Answered on 5/13/04, 6:15 pm

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