My brothers ex-girlfriend just passed away (overdosed). He has partial custody of their two boys. What does he need to do to get full custody?

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My brothers ex-girlfriend just passed away (overdosed). He has partial custody of their two boys. What does he need to do to get full custody?

The grandparents of his ex-girlfriend may try to retain their daughters custody.

Asked on June 12, 2009 under Family Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you brother should do is immediately consult with a local attorney. This can be a very sensitive matter and he will be best served having legal counsel to help him throughout the process. Because he was not married the grandparents may have a better chance. yet courts do like to keep children with their biological parents and he is their father.

He needs to prepare to be investigated for whether he would be a fit parents. He should prepare with things such as getting his home child proof ensuring there is nothing that can be used by the grandparents to dispute his credibility and overall be ready for a possible fight. Again an attorney would be helpful because he should file the paperwork for custody asap to show the interest and that he really wants the children with him


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