Ex-husband passed away he had residential custody of our daughter and now his mother is refusing to give me our daughter. We were divorced in Kansas, I'm currently living in Florida, they were visiting Tn when he passed away. What can I do? We had agreed joint custody with with him having residential.
As the surviving parent of your daughter, you are entitled to the care and custody of her. Unless a parent is proven to be "unfit," a surviving parent has a right to the custody of the child. Although you say that you are currently living in Florida and that they were visiting Tennessee when your former husband passed, you don't say where he resided at that time or where your daughter had been living with him for any period since your divorce or prior to his death. You should contact either the lawyer that represented you when you first divorced (or the one who represented you in any more recent litigation in your divorce) or you should contact a knowledgeable family law attorney in that area to file the appropriate motion with the court for the return of your daughter.
This response does not constitute legal advice and does not create an attorney-client relationship. I am licensed to practice only in Kansas. Seek legal advice from an attorney in your state or the state in which your legal claim exists.
In Kansas, you would need to file a motion with the clerk of the district court as soon as possible to modify residency. I would highly recommend you contact an experienced family law attorney to aid you in this process. The sooner you file the motion, the better, as the paternal grandmother could file a guardianship case. Good luck to you!
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
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