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

    Aug 19, 2008, 04:23 PM
    Non custodial parent rights in death of a child he pays support for
    Friend who is non custodial parent - his daughter killed last night in car wreck in MD. What are his rights as to state of burial. Mother moves around. He pays child support to Lancaster, PA, where they did live. SHe wants child buried in SC where she is moving to.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 19, 2008, 04:51 PM
    I am sorry for the loss. But the custodial parent normally will have the choice.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Aug 19, 2008, 04:54 PM
    He would have to go to court to argue his side but as fr. Chuck said the cp usually decides.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 19, 2008, 04:55 PM
    If he has joint legal custody, he has an equal say in this. If they can't arrive at a decision, then it might need to go to a court or mediator to decide.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 19, 2008, 05:26 PM
    Quote Originally Posted by meneser
    friend who is non custodial parent - his daughter killed last night in car wreck in MD. what are his rights as to state of burial. Mother moves around. He pays child support to Lancaster, PA, where they did live. SHe wants child buried in SC where she is moving to.

    I've never seen the custodial parent not have the right to make this decision - and I actually worked on a case where the child was cremated and the ashes held until the Court decided.

    The custodial (mother) made the final decision.

    Right up until the final decision I thought the ashes would be divided - but they were not.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #6

    Aug 19, 2008, 06:58 PM
    I agree with scott. If they have equal rights to the child legally then its for both of them to decide. Lets just hope it never gets to a point where they split ashs.. to me In my opinion that's just wrong.

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