Primary custodian died


#1

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.


#2

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

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Charlotte, NC 28262
Main Phone: (704)307.4600
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(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

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.

LAF