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    bbee1968's Avatar
    bbee1968 Posts: 3, Reputation: 1
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    #1

    Aug 23, 2012, 10:00 PM
    Child Support when ex-wife dies
    My son lives in Florida, with his mother and Stepfather. Tonight, I found out over Facebook, that his mother died last week. I pay child support to the state. If she died, would custody of my son be reverted back to me? She has kept him away for a couple of years and I really need to know what to do. I live in another state and my son has me and lots of family here. What are my rights?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 23, 2012, 10:08 PM
    You would go get your child and bring him back to your home, a step parent has no legal custody of the child. You would get a death certificate and notify the court.

    Have you contacted your child.

    Sorry somehow you post bothers me because you don't seem concerned about the child, about his feelings losing his mom. You are worried about the money
    bbee1968's Avatar
    bbee1968 Posts: 3, Reputation: 1
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    #3

    Aug 23, 2012, 10:17 PM
    Quote Originally Posted by Fr_Chuck View Post
    You would go get your child and bring him back to your home, a step parent has no legal custody of the child. You would get a death certificate and notify the court.

    Have you contacted your child.

    Sorry somehow you post bothers me because you dont seem concerned about the child, about his feelings losing his mom. You are worried about the money
    She has not let me have contact for a long time. I do care about my son, and want to make contact with him, but no phone numbers I have seem to be correct. We used to visit, and the past few years, she always claimed he was busy with school or sports. I want my son to know me and his family care and want what is best. Which I feel is to be with me. I would call, but she said he was not home. My father actually was able to talk to him about 6 months ago. I am really worried and would like to talk to his stepfather too. But I have not had any luck with calling. My son is a young teenager.
    bbee1968's Avatar
    bbee1968 Posts: 3, Reputation: 1
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    #4

    Aug 23, 2012, 10:25 PM
    Quote Originally Posted by bbee1968 View Post
    She has not let me have contact for a long time. I do care about my son, and want to make contact with him, but no phone numbers I have seem to be correct. We used to visit, and the past few years, she always claimed he was busy with school or sports. I want my son to know me and his family care and want what is best. Which I feel is to be with me. I would call, but she said he was not home. My father actually was able to talk to him about 6 months ago. I am really worried and would like to talk to his stepfather too. But I have not had any luck with calling. My son is a young teenager.
    I don't care about money. Just about him!!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 24, 2012, 03:30 AM
    If you had court ordered visitation she should not have been able to keep him from you. But As noted, you get a copy of the birth certificate, custody orders, support orders etc. You then go to the town where they live and you go to the local police station. You tell the police that you just found out the mother of your child died recently and you want to pick up your son. Tell them you do not know how the step father will react, so you would like a police officer to accompany you.

    Then you go get him. Once this is done, you file a motion in the court that ordered support for the support to be stopped and for you to awarded full custody.

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