Do I need to petition the court for full custody of child if my ex who passed away had primary custody

This seems like a very simple question, and given certain assumptions, it is a simple question. So, if Mother is a reasonably stable, caring and nurturing parent, with no drugs, alcohol or convictions of crimes in her background, then generally she would be the most likely candidate to become the custodial parent of her own minor child. In such a case, she may or may not be required to file a Petition with the Court having jusrisdaction over the minor child, to determine legal and physical custody. If no individuals or agencies make a challenge to mother's custodial rights, then mother may have no reason to retain a lawyer to seek a Court Order for custody. Since mother already has physical custody, she may have no reason to do anything unless her rights as a custodial parent are challenged.

If however, someone or some agency, challenges mother's ability to care for the health, safety and welfare of the minor child, then she will be foreced to consult with an experienced and skilled family law attorney to defend her default legal and physical custody of the minor.

It bears mentioning that just because mother is the biological parent, does not necessarily mean she is the "best" or most "fit" adult to have legal and/or physical custody of her child. If she has emotional problems, drug problems, alcohol problems, health problems, etc., any one of these could severely compromise her ability to properly care for the minor. Thus, others could successfully challenge Mother's ability to provide care for her child, and it could be determined that what she is doing is NOT in the best interests of the minor.

As you can see, all of the facts of these types of cases must be fully explored and analyzed BEFORE making any impulsive decisions on how to proceed. You must consult an experienced and skilled family law attorney before making any final determination to proceed in Court.

You likely should review the facts and options with an attorney.

If general, when the custodial parent passes away, the noncustodial parent would be the first person on the list of who should have custody of the minor children. However, sometimes, the noncustodial parent would not be the one to get custody of the children. For example, if the noncustodial parent has a history of causing harm to the children, the noncustodial parent may not be given custody of the children even though the noncustodial parent is the only parent still living.

Were you ordered to pay child support? If yes, you likely will have to do something so that the child support obligation can end.

Did the father have a work history so that the minor child is eligible for Social Security benefits based on the father's work history?

Did the father have any asset when he died? Is the child a beneficiary of the father's estate?

Was the father's death the result of negligence of some other person? Perhaps the child has a cause of action against the third party.

To protect both your and your child's interest, you should review the facts and options with an attorney.