My son’s father was never in his life. However, he was granted visitation rights. He never followed through. Now I get the news that he has passed. How can I get sole custody of my child? What steps should I take? I don’t mean to sound insensitive but what happens to the back support after his death? He has no estate or will. he has a work history. What steps do I need to take?
I'm confused I think. Were you married to Father? Who are you to the child? Did the child live with you? Did you share custody with Father?
This is not legal advice until I am retained and have reviewed all facts about your situation.
You already have sole custody of the child. You are the only living parent and have sole custody by operation of law. Unless the father's estate is probated and has assets you cannot collect back child support.
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Unless there is another adoptive parent or other things you didn't disclose: His custody terminated at death and you have sole custody.
If he had money and owed support, you may need to open an estate and make a probate claim. Talk to a lawyer.
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