Custody of my son's body

[daniels_lynne]

I am trying to get my sons body moved from one cemetary to another.  I need to know what right I have verse my sons father.  WE never had custody papers drawn up due to the fact that my son only lived for 25 days and was in the hospital the entire time.  I live in Vermont.  My sons body is buried in New Hampshire.  That is also where his father is.

[socrateaser]

>I am trying to get my sons body moved from one cemetary to
>another.  I need to know what right I have verse my sons
>father.  WE never had custody papers drawn up due to the fact
>that my son only lived for 25 days and was in the hospital the
>entire time.  I live in Vermont.  My sons body is buried in
>New Hampshire.  That is also where his father is.

As a practical matter, the mortician will probably move the body at the request of whomever the mortician believes has power to authorize the move. Legally, there may be NH statutes that cover the issue, and I don't have time to research this.

So, if the father's name isn't on the death certificate, and you paid for the burial, then you probably can authorize the move. If not, then the mortician may want authorization from both father and mother, and then, unless you can obtain such authorization, you will need to file a petition for exhumation with the probate court and explain why the move is necessary, over the protest of the father.