getting custody

[dolphin43]

What is the name of your state? texas

my ex-wife and i had joint custody and she passed away a week ago do i have to go to court to get full custody or what

 

[KCMR]

thanks for asking this question, I always wondered what would happen under these circumstances. Sorry for your loss.

 

[vstax]

in Mississippi

you would automatically have custody, perhaps it's the same there.

 

[vstax]

maybe you can get an idea

http://www.capitol.state.tx.us/statutes/fatoc.html

 

[ktarra617]

if I am remembering correctly in Texas upon the death of the custodial parent the Non Custodial Parent assumes custody of the child. However you should consult with a lawyer as always.

 

[LegalBeagle]

What is the name of your state? texas

my ex-wife and i had joint custody and she passed away a week ago do i have to go to court to get full custody or what

No.

 

[DennisK]

I hate to tell you this guys but he may not be able to take them if the children have been living with someone else who want custody of the children. I am in the same situation and I have to go to court to get them from their grandparents. Good luck

 

[LegalBeagle]

If the custody order was between mother and father, and one dies, then custody automatically passes to the remaining parent. The point of court, is generally to get physical custody of the children because someone 'else' refuses to give them up.

 

[4gals1guy]

My husband's ex died, and she had full custody. Her family fought for custody for 2 years. After lots of money and destroyed relationships between everyone in the family, he won. In the end, his rights superceded all. His daughter is visiting her mom's family every other weekend now.