Legal Question in Family Law in New Jersey
Who has legal custody?
I am writing because I owuld like to know how to find out who has legal custody of my 14yr old son. He was living with his father in VT but his father passed away and was informed his grandmother has legal custody due to the fact they claimed to not know where i lived,which is untrue because my son visited me frequently. My question is how do i find out who legally has custody. My son has been living with me sonce July. Any help would be greatly appreciated. Thank you.
2 Answers from Attorneys
Re: Who has legal custody?
When the custodial parent dies, the other parent is entitled to custody unless they are unfit or their is an agreement to the contrary. Since your son is living with you, you have custody and should be able to maintain it unless your husband's parents file an action with the Court. For a formal legal opinion I would have to meet with you and review your divorce and settlement agreement.
Re: Who has legal custody?
You would probably need to search the appropriate Probate Court or Surrogate office in the County where he resided at the time of his death to determine who was named custody of your son in his Will. you need to retain counsel in VT, not New Jersey.
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