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jess0326 · Feb 7, 2012, 02:09 PM

I have a daughter who is 2yrs old, her father has passed away should I file for sole custody even though I'm her only living parent?

korn123hill · Feb 25, 2012, 03:44 PM

Well id say no but try to get the death certifate of her father and make sure no one else can try to claim her and check with your states laws but you should be fine with custody if the father passed away?

JudyKayTee · Feb 25, 2012, 04:03 PM

Originally Posted by korn123hill

well id say no but try to get the death certifate of her father and make sure no one else can try to claim her and check with your states laws but you should be fine with custody if the father passed away??

Please don't guess at legal questions.

The father is deceased. The mother has sole custody because there is no other living parent.

ScottGem · Feb 25, 2012, 05:19 PM

Originally Posted by korn123hill

well id say no but try to get the death certifate of her father and make sure no one else can try to claim her and check with your states laws but you should be fine with custody if the father passed away??

Thank you for wanting to help members here. However, we take pride in the accuracy of our answers, especially in the Law forums. Response here need to conform to statutory law.

The fact is that the OP does not have to file for sole custody. As sole surviving parent, she has sole custody.

On the other hand, it WOULD be a good idea to have a copy of the death certificate. Its possible the daughter may be entitled to some death benefits.