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    Msbaybay's Avatar
    Msbaybay Posts: 2, Reputation: 1
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    #1

    Jun 25, 2012, 08:40 PM
    Child custody
    My best friend left her niece that she had custody over with me .she was in a car accident and died.. the birth mother of the child had drug issues and turned custody to my best friend when the child was born 6 yrs ago... I have been in the child's life... does the birth mother now have rights to this child now that the guardian is deceased?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 25, 2012, 09:08 PM
    Quote Originally Posted by Msbaybay View Post
    My best friend left her niece that she had custody over with me .she was in a car accident and died ..the birth mother of the child had drug issues and turned custody to my best friend when the child was born 6 yrs ago..... I have been in the child's life .....does the birth mother now have rights to this child now that the guardian is deceased??

    Yes. If you want to be the child's guardian, go to Court and ask to be appointed. Where is the father?
    Msbaybay's Avatar
    Msbaybay Posts: 2, Reputation: 1
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    #3

    Jun 26, 2012, 03:32 AM
    [QUOTE=JudyKayTee;3168502]Yes. If you want to be the child's guardian, go to Court and ask to be appointed. Where is the father?[/QUOTE. Unknown .
    The father never has been in the child's life... but his name is on the birth certificate...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 26, 2012, 03:34 AM
    How do you know your friend had custody? Have you seen any legal papers to show that?

    But if you want to care for the child, you have to file for guardianship. Right now you have no legal right to the child. Whether the mother does we can't see without knowing what court orders exist. And, of course the father could surface and may need to be contacted for you to get custody.

    I would suggest contacting an attorney ASAP
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