My ex-girlfriend had custody of our son age 6, she died recently without a will. How do I get legal custody of my son?

Asked over 2 years ago - Lincoln, NE

my son has lived with me since the day she died, March 2, 2012. One of the bank accounts has my son listed as the beneficiary, but the bank won't release the funds to him/me without providing proof of "legal custody." I am on his birth certificate

Attorney answers (2)

  1. Ryan Douglas Caldwell

    Contributor Level 13


    Lawyers agree

    Answered . I see that your name is on the birth certificate, but at any point did you sign something at the hospital called an "Acknowledgement of Paternity" or was there a petition filed with the court to establish custody? If so, you would already be considered the custodial parent since there is no other legal living parent. Have you tried showing the birth certificate, acknowledgment of paternity or paternity order along with a copy of the mother's death certificate? The bank should provide guidance on what you need to establish this. I see no other reason for them not providing access to your son's assets.

    I'm presuming you signed the acknowledgement of paternity or there was a paternity order establishing you as the legal father or the state would have likely taken custody of the child to find the next of kin. If they haven't gotten involved, I'm assuming you are the legal father.

    If they continue to give you trouble, give me a call and we can see what we can do. Good luck.

    This should not be considered legal advice, but rather simple information. You should consult a lawyer to review... more
  2. Brendan Michael Kelly


    Contributor Level 18

    Answered . Get appointed as legal guardian and show proof to bank. We can help you do it if you need help.

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

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