Primary custodian died

She can take custody of her son. If she shared joint custody with her ex then she has primary custody now. Stepparents rarely get custody unless there is some sort of abuse history.
I suggest that she work out some sort of visitation schedule if the stepmother, grandparents and her son all wish to visit. Give them all time to be together to grieve for his father. She can send a letter letting them know when she will arrive to pick him up for the move but she needs to be considerate of the fact that he just lost his father and that his stepmother has lost her husband. It’s a difficult situation all the way around. She is his mother and she has rightful custody.

Unless there is a court order that says otherwise, she can take custody of her son. I wish you the best of luck during this difficult situation. If she has any concerns she should consult with an attorney before taking action.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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My sisters ex-husband, who had joint custody of their child and was the primary caretaker & she paid child support, passed away. She wants him to come live with her now, does this require a court hearing or can she simply take possession of her son. She lives in a different state. The step mother or grandparents that reside in NC never had any type of custody of the child.