I want to get custody of a minor, who is mother is dead. I am the 2nd wife to my husband.

Asked almost 2 years ago - Cordele, GA

Minor child is in Uncle's home. He has been known to sell drugs and do fraud on his tax returns. I am my husband's 2nd wife,.

Attorney answers (2)

  1. Daniel Ellis Rice

    Contributor Level 18


    Lawyer agrees

    Answered . Assuming the minor is your husband's child, you may want to look into adopting the child.

  2. Jacquelyn F. Luther

    Contributor Level 12

    Answered . A couple of things that your question suggest are that your husband and the mother of the child were married and that you and your husband are together. If those two things are true, then your husband has the right to custody of his child at the time of the death of the custodial parent, under the law. If he and the child's mother were married to each other and she got custody, when she passed away, generally he has the right to custody. If they were not married to each other, he will have to establish that he has a right to custody and legitimate the child which is rather complicated without the mother being deceased and even more complicated if she is deceased. The Uncle who has the child has no legal rights to the child, but the father may have to file an action in court, a habeas corpus, to regain custody of the child.

    If you can't tell, you really need an attorney to handle this, and our office handles these sorts of cases routinely. Please feel free to contact our office. I hope that this is helpful for resolving your legal matter.

    This information is of a general nature and is not intended to be relied upon as legal advise. You are encouraged... more

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