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HOW DOES A FATHER GETS CUSTODY OF HIS CHILD AFTER THE MOTHER DIES??

Chicago, IL |

RIGHT NOW THE CHILD IS IN HIS CARE BUT AS OF RIGHT NOW HE ONLY HAS GAURDIANSHIP HOW WILL HE GET CUSTODY OF HIS CHILD WITHOUT HAVING TO HIRE A LAWYER

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Attorney answers 4

Best Answer
Posted

"Without having to hire a lawyer . . . ?" Why would he want to try to do this without a lawyer? We're talking about his CHILD, here. Had he worked with a lawyer in the past, he'd have custody now -- instantly upon Mom's demise (my condolences).

Tell him that instead of having you flail about online trying to figure out how to handle what will probably be the biggest legal event of his and his child's lives, he should just pick up the phone, make a few calls, and hire a lawyer to get the job done . . . RIGHT.

Questions? Call -- 312-498-3881 -- no charge, no obligation free consultaiton.

Posted

This question is too complex for this Q&A forum. Yuo do need to consult wth a family law lawyer. There are too many missing facts to give you any answers. We don't even know if you were married? Divorced? Paternity established by you? Age of child? How long is child with you? You must go in and consult with a lawyer in person.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

Asker

Posted

THE CHILD IS ONE YRS OF AGE THEY WERE NOT MARRIED AND HES 99% THE FATHER THE MOTHER IS DEAD

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Please do not type in CAPS. It is like you are screaming at me. We are volnteers trying to help people. That is still not enough information. Was Paternity established? Is he on the birth certificate? You have not answered all my questions and there are more questions that a lawyer will need answered in person. Surely someone can help this man retain an attorney to help his child? Don't even know if it is a girl or boy? Is he married to someone else? Other kids? Too much unknown. I cannot help but a lawyer can help in person.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

so there is a one percent chance mom is not dead? go see a lawyer. take all your papers.

Posted

there is no need for a custody order if legally he is the dad.

Posted

Why would there be a guardianship? He is the father.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

right. that part makes no sense either. but he says he has it. so he does not need a custody order also. he needs the birth certificate and his photo id.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

exactly why I keep telling him to see a lawyer, there are too many unanswered questions

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