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    shooz17's Avatar
    shooz17 Posts: 1, Reputation: 1
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    #1

    Jun 1, 2011, 11:15 PM
    Can my dead husbands family claim my daughter?
    I left my daughter with my husband in March 2009. We were haggling with divorce and custody until now. I always stayed in contact with my daughter. My husband passed away on Sunday and his family want to keep my daughter even though I am alive and wanting to claim her. Is that legal?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 2, 2011, 03:36 AM

    It is not illegal. When the custodial parent dies, the non custodial parent generally regains custody. But there may be extenuating circumstances. So you need to get a court to rule.

    You can try and go pick up your daughter. But if his family refuses to turn her over, then you will need to get a court order.

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