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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114125
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My brother passed from a massive heart attack Monday he has

Customer Question

My brother passed from a massive heart attack Monday he has a four year old son that he has custody of he has been married for a year to a young lady he has known three years who is not the biological mother the wife sent my nephew back with mother after court found her unfit and not healthy for child abusive live in say he does not like the n word babies which my nephew is biracial I met the mom for firat time Tuesday she said I alr e day have five kids one on way 8/7 I don't have any help with him I say well I can help I can get at least and will not do child support she currently pay my brother she agreed gave me official birth certificate social security card dna results and a couple other documents. We traveled back to nc from Ohio now she has changed her mind protection orders are in place for wife and baby mom it has been so stressful that my brother has died. What should I do I am in contact with the attorney my brother has obtained for the pass three years they have an up coming court date in august per lawyer parental rights were getting relinquished from mom and child support was to be dropped do I have any rights as the next of kin do I really have to send him back to where he only visited twice a month so much violence we have no other family in Ohio all in nc please what should I be doing
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You are going to have to seek to step in and get the attorney to file a motion for custody on your behalf to seek to take custody as the nearest blood relative. Since the mother is deemed unfit and the surviving spouse has no rights to the child, as you are the nearest living relative, you have a right to seek custody from the court and you need to do this in the state where the child is located and it is your only real recourse here if you want to helpt the child.