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    thompson4876's Avatar
    thompson4876 Posts: 1, Reputation: 1
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    #1

    Jul 9, 2007, 06:46 AM
    Dad want to raise baby
    If a mother dies and leaves a will on who a child will be left with and the father is still living and has paid child support who dose the child go to.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Jul 9, 2007, 08:59 PM
    Assuming that the mother is/was the custodial caregiver, it'll go to whomever she designated in her will as guardian, unless the father contests it. Under normal circumstances, the father would have a pretty strong leg on which to stand.
    derekwwp's Avatar
    derekwwp Posts: 12, Reputation: 1
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    #3

    Jul 10, 2007, 02:00 AM
    If the father is paying child support, then he probably also has some parental rights that may easily overcome the mother's testimentary wishes. He may not even have to formally contest the will, as his parental rights may, to the contrary, have to be contested by the party named in the will. Call the superior court family division in your area and try to get some direction from them.

    Derek
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