If I’ve been taking care of my girlfriend’s son since he was born 2 years ago, what do I have to do to keep him in the event of her death?

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If I’ve been taking care of my girlfriend’s son since he was born 2 years ago, what do I have to do to keep him in the event of her death?

Asked on July 1, 2015 under Family Law, North Carolina

Answers:

Joanna Mitchell / Joanna Mitchell & Associates, P.A.

Answered 9 years ago | Contributor

You need to have your rights as the biological father established by a Judge. Once your rights are established, then if anything were to happen to her, you would be awarded custody (unless there was cause not to). Also, once your rights are established, you will also have a timesharing or visitation schedule established, both parents will, so that she won't be able to keep the child away from you if she gets mad at you for some reason.

Joanna M. Mitchell / Mitchell & Associates, PA

Answered 9 years ago | Contributor

You need to have your rights as the biological father established by a Judge. Once your rights are established, then if anything were to happen to her, you would be awarded custody (unless there was cause not to). Also, once your rights are established, you will also have a timesharing or visitation schedule established, both parents will, so that she won't be able to keep the child away from you if she gets mad at you for some reason.


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