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Father seeking custody of son following surrogate mother’s death

Recent years have seen the use of surrogates become a popular option for would-parents in Indianapolis who cannot have children themselves. However, surrogate cases do bring with them their own unique challenges. Typically, such cases involve the surrogate mother agreeing to forfeit parental rights to a child. However, if that does not happen, the she may continue to be recognized as being entitled to privileges such as custody and even child support.

Such is the case that transpired between a man and woman in Kentucky whose story is now making headlines as the man tries to regain custody of his son. Their story initially attracted attention when the woman delivered quadruplets for the man and his partner in 2002. The man’s partner, who was the children’s biological father, was awarded custody after the pair broke up, with the man being denied visitation. He had his own son with the woman’s help shortly thereafter. However, he later left the boy with the woman and her husband when he moved out of the state for health reasons. The woman was later awarded full custody of the boy. He has been paying child support to her since 2010. Now, seven years later, he wants custody of his son once again following the death of the woman late last year. The most recent ruling in the case saw a judge rule in favor of the woman’s husband.

Even with the passage of time and the placement of distance between them and their children, parents may still feel a strong bond. If they believe they are in the best position to care for their kids, they may feel justified in seeking custody. Those who wish to do so may first want to secure the services of an experienced attorney.

Source: Lexington Herald Leader “Custody battle ensues over son after death of surrogate in celebrated case” Alfonso III, Fernando and Honeycutt Spears, Valerie, June 09, 2017

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