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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23427
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Son with full legal custody died 5.15.16 and has a 13 yr old

Customer Question

Son with full legal custody died 5.15.16 and has a 13 yr old daughter since the age of 3yrs old, he was never married to the mother of the child and my son & granddaughter lived with me the Grandmother most of the time. I am filing for temporary guardianship, is it mandatory that I try to locate and serve the mother and her mother prior to seeing the judge for temporary guardianship? I have a case # ***** petition for appointment of guardian of the child hearing date 7.26.16.
The mother has had multiple living situations that include living in a car so I do not know her current location or phone number.
Submitted: 5 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 5 months ago.
Good morning. I am sorry about your son. I certainly understand the situation and your concern as well. Yes, the mother would need to be served and placed on notice, about your intent to seek temporary guardianship of the child. She is still the mother of the child and has a legal right to the child if the father has passed BUT it does not mean that the Judge will simply award her custody. I say this because the Judge is always going to act in the best interest of the child. if the child has lived with you since they were 3 and you can provide the same home and environment for the child, the Judge may want to keep her there. Moreover, if the mother can not be found, does not have a place to live or is unable to provide for the mother, then the Judge is not going to place the child with her, after all these years. She still needs to be placed on notice since this is a court proceeding effecting her child.

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