How to Petition for Child Custody for My Child When Her Mother Is Deceased
- 1). Determine the proper venue in which to file a petition for child custody. In most states, the circuit court or state court in the city or county in which you reside is the right place.
- 2). Draft a petition for child custody in which you outline the reasons you are requesting custody. For assistance with the format and styling of the petition, visit the clerk's office at the court. The clerk of court may provide you with a petition form that you can complete in lieu of drafting your own.
- 3). Sign the petition in the presence of a notary public. Most banks provide a notary service to the public for a nominal fee.
- 4). Submit the petition to the clerk's office with the necessary filing fee. Only after you submit the petition will you be assigned a date and time for a hearing.
- 5). Attend the hearing and provide the judge with evidence of paternity and evidence of the mother's death (such as a copy of the death certificate, which can be obtained from the vital statistics office in the state in which the mother died).
Source...