questions & answers

Question: The father of my children had sole custody, and he committed suicide. I am wondering if I need to file for custody or if it automatically reverts to the mother. The children are with me, and have been since the incident. i have the death certificate and have filed at the social security office. I just feel funny not having anything that says I have custody. Should I file a modification or is it a waste of time?

Answer: Generally child custody is transferred to the closest living relative or in some cases to a third party that has proven they have a right to care for the child. However, in a case where one person has sole custody, it is necessary to file a legal modification of custody if there is a transfer of custody. This will help to prevent problems and legalize any future events in which a legal custodian is required.