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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116166
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How do I get a court order to remove my son's remain from

Customer Question

How do I get a court order to remove my son's remain from Forest Lawn and move him to Cathedral Memorial Garden without my ex wife signature (no contact with her for 25 years).
Submitted: 1 year ago.
Category: Legal
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.

Unfortunately, if your wife will not agree, you would need to file a suit in court for a declaratory judgment and you would have to serve your ex wife and the court will have to hold a hearing as to why the remains should be moved. If your ex wife will not agree to the move you will need to present good cause for the move, because courts are really against moving remains from one place to another when the parties involved in the suit do not agree to do so.

Customer: replied 1 year ago.
I would I know if she agree or disagree for I don't even know where she is. We have no contact with her for the 25 years.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You still need to file suit and then you need to make reasonable efforts to find your ex and if you cannot do so (using a private investigator) you have to ask the court to allow service by publication. Once service by publication is done, then the court can grant your request by default if she does not answer. I am afraid that is the only way unless your investigator finds she has died and then in that case the court can grant your request without service by publication upon proof of her death.

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